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Thurgood  Marshall  Law  Library 
The  I  Inivprsitv 

— A  report  of  the  Maine  Advisory 
Committee  to  the  United  States  Commission 
on  Civil  Rights  prepared  for  the  information 
and  consideration  of  the  Commission. 
This  report  will  be  considered  by  the 
Commission,  and  the  Commission  will  make 
public  its  reaction.  In  the  meantime,  the 
findings  and  recommendations  of  this 
report  should  not  be  attributed  to  the 
Commission,  but  only  to  the  Maine 
Advisory  Committee. 

December  1974 


A  report  prepared  by  the  Maine 
Advisory  Committee  to  the  U.S. 
Commission  on  Civil  Rights 


The   findings  and  recommendations  contained 
in  this  report  are   those  of  the  Maine 
Advisory  Committee   to  the  U.S.   Commission 
on  Civil  Rights   and,   as   such,    are  not 
attributable   to  the  Commission. 

This  report  has  been  prepared  by  the  State 
Advisory  Committee   for  submission  to  the 
Commission,    and  will  be  considered  by  the 
Commission   in  formulating  its   recommenda- 
tions to  the  President  and  the  Congress. 


Prior  to  the  publication  of  a  report,    the 
State  Advisory  Committee   affords  to  all 
individuals  or  organizations  that  may  be 
defamed,   degraded,   or  incriminated  by  any 
material  contained  in  the  report  an  oppor- 
tunity to  respond  in  writing  to  such  material. 
All  responses  have  been   incorporated,   appended, 
or  otherwise  reflected  in  the  publication. 

This   design,    known   as   the    "double-curve 
motif,"    is  of   ancient  Penobscot  origin 
and   is   symbolic  of   inter-tribal  unity. 
Similar  designs   are   shared  by   the  neigh- 
boring Micmacs,   Maliseets,    and  Passama- 
quoddys  who,   with  the  Penobscots,    form 
the  Wabanaki  Confederacy.      This   alliance 
was   of  considerable  political   importance 
from  the  year   1700   to  the   late   19th  cen- 
tury.     Tribal   leaders   in   recent  years   have 
been  working   toward   renewed  cooperation. 


*Hon.  Harvey  Johnson 

Dr.  Stanley  J.  Evans 
Vice  Chairman 

Gregory  P.  Buesing 

Terry  C.  Polchies 
Chairman,  Subcommittee  on 
Indian  Affairs 

Andrew  Akins 
*Maple  R.  Anderson 

Thomas  L.  Battiste 

Lulu  M.  Chamberland 

Rev.  Daniel  R.  Collins 

Joseph  I.  Craig 
*Hon.  Minnette  H.  Cummings 

Ralph  Dana 

Dorothy  Doyle 

Normand  C.  Dube 

Shirley  J.  Elias 

Jane  L.  Ezzy 

John  B.  Forster 
*No  longer  a  member  of  the 

Hon.  Eugene  Francis 

John  R.  Hanson 

Robert  P.  Ho 

Thomas  P.  Kapantais 

Leonie  B.  Knowles 

Rev.  Raymond  A.  LaFramboise 

John  Marvin 

Erlene  Paul 

Jane  Riley 

Lucille  Sheppard 

Hon.  Allen  Sockabasin 

Hon.  Gerald  Talbot 

Maine  Advisory  Committee, 


December  1974 

Arthur  S.  Flemming,  Chairman 
Stephen  Horn,  Vice  Chairman 
Frankie  Freeman 
Robert  S.  Rankin 
Manuel  Ruiz,  Jr. 

John  A.  Buggs ,  Staff  Director 

Sirs  and  Madam: 

The  Maine  Advisory  Committee,  pursuant  to  its 
responsibility  to  advise  the  Commission  about  civil  riahts 
problems  in  this  State,  submits  this  report  on  Federal 
and  State  Services  and  the  Maine  Indian. 

Through  its  investigation  and  hearing,  the  Advisory 
Committee  concludes  that  Maine  Indians  are  being  denied 
services  provided  other  American  Indians  by  various  Federal 
agencies  including  the  Bureau  of  Indian  Affairs,  U.S. 
Department  of  the  Interior;  and  the  Indian  Health  Service, 
U.S.  Department  of  Health,  Education,  and  Welfare.   The  Com- 
mittee further  concludes  that  Maine's  Indians  are  entitled  to 
these  services  and  that  their  continued  denial  constitutes 
invidious  discrimination  against  Maine  Indians  while  at  the 
same  time  placing  a  disproportionate  burden  on  Maine  tax- 
payers . 

The  Advisory  Committee  also  found  that  half  of  the 
Indians  in  Maine  are  not  receiving  State  Indian  services 
because  they  live  off-reservation.   The  Committee  recommends 
that  the  State  develop  an  integrated  program  of  services  for 
members  of  the  four  tribes — Passamaquoddy ,  Penobscot,  Micmac, 
and  Maliseet — regardless  of  residency  on-  or  off-reservation. 

Both  State  and  Federal  services  have  been  withheld  from 
a  people  whose  need  for  assistance  is  tragically  evident: 
unemployment  among  Maine  Indians  as  of  1973  was  reliably 
estimated  at  65  percent;  a  1971  survey  of  off-reservation 
housing  for  Indians  found  45  percent  substandard  and  poor; 

health  studies  of  the  Maine  Indians  reveal  chronic  and 
severe  problems  of  alcoholism,  malnutrition,  and  disease; 
bicultural  education,  which  is  central  to  the  preservation 
of  tribal  values  and  traditions,  is  largely  nonexistent;  the 
ratio  of  Indian  children  in  foster  care  homes  is  16  times 
that  of  the  general  population,  yet  only  4  of  the  136 
Indian  children  under  foster  care  in  Maine  have  been  placed 
in  Indian  homes — homes  which  in  some  cases  were  built  by  the 
State  but  are  now  considered  physically  inadequate  to  meet 
State  licensing  standards;  and  while  Indians  are  held  respon- 
sible for  law  enforcement  on  reservations,  they  are  unable  to 
set  safe  speed  limits  on  State  highways  crossinq  their  lands. 
The  Advisory  Committee  concludes  that  these  facts  are  not 
isolated  quirks  of  circumstance:   they  are  the  result  of  long- 
standing assumptions,  policies,  and  practices  of  discrimination 
against  Maine's  Native  American  population. 

In  addition  to  its  investigation  of  the  denial  of 
specific  Indian  services,  the  Advisory  Committee  reviewed 
the  various  Federal  and  State  programs  for  which  Maine  Indians 
are  generally  eligible  as  citizens.   In  these  programs,  the 
Advisory  Committee  found  a  wide  spectrum  of  attitudes  toward 
Maine  Indians.   It  is  evident  that  there  are  areas  of  progress. 
Yet,  it  is  also  clear  that  Indians  have  seldom  been  included 
in  the  planning  or  decision-making  process  which  affects 
their  lives. 

If  the  Advisory  Committee  has  an  overriding  concern,  it 
is  that  every  State  and  Federal  entity  which  may  possibly 
have  impact  on  Indian  people  in  this  State  must  have  Indian 
representation  and  structural  input  in  the  development  and 
carrying  out  of  services.   Beyond  this,  there  must  be 
expansion  of  social  services  from  both  State  and  Federal 
levels  if  Maine  Indians  are  in  fact  to  enjoy  full  and  equal 
citizenship  under  the  Constitution. 

Finally,  we  request  that  you,  as  the  chief  officials  of 
the  U.S.  Commission  on  Civil  Rights,  act  to  assure  the 
representation  of  Native  Americans  in  the  employment  posture 
of  the  Commission  and  that  you  consider  holding  national 
hearings  in  the  near  future  on  the  problems  of  the  non- 
federally  recognized  tribes. 



Terry  C.  Polchies 

Chairman,  Indian  Subcommittee 


Gregory  P.  Buesing 
Acting  Chairman,  Maine 
Advisory  Committee 


The  Maine  Advisory  Committee  wishes  to  thank 
the  principal  authors  of  this  report,  Andrew 
Akins;  Gregory  P.  Buesing;  Harriet  Price, 
consultant  to  the  U.S.  Commission  on  Civil 
Rights;  and  Sonia  Porter,  Commission's  Office 
of  Field  Operations.   The  Advisory  Committee 
also  wishes  to  thank  the  staff  of  the  Commis- 
sion's Northeastern  regional  office  for  its 
help  in  the  preparation  of  this  report.   Legal 
review  was  provided  by  Eliot  H.  Stanley  and 
overall  supervision  by  Jacques  E.  Wilmore, 
regional  director. 

Final  edit  and  review  was  conducted  in  the 
Commission's  Office  of  Field  Operations, 
Washington,  D.C.,  by  editor  Bonnie  Mathews, 
assisted  by  Rudella  J.  Vinson,  under  the 
direction  of  Charles  A.  Ericksen,  chief  editor. 
Preparation  of  all  State  Advisory  Committee 
reports  is  supervised  by  Isaiah  T.  Creswell,  Jr, 
Assistant  Staff  Director  for  Field  Operations. 


The  United  States  Commission  on  Civil  Rights,  created  by 
the  Civil  Rights  Act  of  1957,  is  an  independent,  bipartisan 
agency  of  the  executive  branch  of  the  Federal  Government. 
By  the  terms  of  the  Act,  as  amended,  the  Commission  is 
charged  with  the  following  duties  pertaining  to  denials  of 
the  equal  protection  of  the  laws  based  on  race,  color,  sex, 
religion,  or  national  origin:   investigation  of  individual 
discriminatory  denials  of  the  right  to  vote;  study  of  legal 
developments  with  respect  to  denials  of  the  equal  protection 
of  the  law;  appraisal  of  the  laws  and  policies  of  the  United 
States  with  respect  to  denials  of  equal  protection  of  the 
law;  maintenance  of  a  national  clearinghouse  for  information 
respecting  denials  of  equal  protection  of  the  law;  and 
investigation  of  patterns  or  practices  of  fraud  or  discrim- 
ination in  the  conduct  of  Federal  elections.   The  Commission 
is  also  required  to  submit  reports  to  the  President  and  the 
Congress  at  such  times  as  the  Commission,  the  Congress,  or 
the  President  shall  deem  desirable. 


An  Advisory  Committee  to  the  United  States  Commission  on 
Civil  Rights  has  been  established  in  each  of  the  50  States 
and  the  District  of  Columbia  pursuant  to  section  105(c)  of 
the  Civil  Rights  Act  of  1957  as  amended.   The  Advisory 
Committees  are  made  up  of  responsible  persons  who  serve 
without  compensation.   Their  functions  under  their  mandate 
from  the  Commission  are  to:   advise  the  Commission  of  all 
relevant  information  concerning  their  respective  States  on 
matters  within  the  jurisdiction  of  the  Commission;  advise 
the  Commission  on  matters  of  mutual  concern  in  the  prepara- 
tion of  reports  of  the  Commission  to  the  President  and  the 
Congress;  receive  reports,  suggestions,  and  recommendations 
from  individuals,  public  and  private  organizations,  and 
public  officials  upon  matters  pertinent  to  inquiries  con- 
ducted by  the  State  Advisory  Committee;  initiate  and  forward 
advice  and  recommendations  to  the  Commission  upon  matters  in 
which  the  Commission  shall  request  the  assistance  of  the 
State  Advisory  Committee;  and  attend,  as  observers,  any  open 
hearing  or  conference  which  the  Commission  may  hold  within 
the  State. 




I  am  pleased  to  take  this  opportunity  to  speak  on  a  very 
vital  issue  of  what  governments  are  doing,  and  what  they 
aren't  doing,  for  our  Maine  Indians.... I  think  that  after 
too  many  years,  it  has  become  evident  that  the  concerns 
of  Maine  Indians  can  best  be  presented  and  ultimately 
solved  through  the  self  government  of  the  Indians  them- 
selves  So  I  can  foresee,  in  the  near  future,  when 

the  legislative  appropriations  will  be  and  should  be  made 
directly  to  the  tribal  governments.   I  have  also  recently 
recommended  to  the  106th  Legislature,  now  in  session,  that 
speaking  privileges  be  restored  to  Indian  Representatives 
in  the  Maine  House,  and  I  think  that  with  John  Stevens  as 
Commissioner  of  the  Department  of  Indian  Affairs,  that 
Maine  Indians  have  started  to  gain  control,  as  they  should, 
of  their  own  department.   Couple  this  with  House  speaking 
privileges,  this  would  give  them  the  voice  they  deserve  in  the 
affairs  of  their  State  —  a  voice  that  Maine  also  deserves 
to  hear  as  a  welcomed  contribution  to  our  efforts  to  grow 
and  prosper  as  a  State  and  as  a  people. 

As  you  know,  the  State  programs  that  are  now  being  admini- 
stered by  the  Department  of  Indian  Affairs  include,  and 
rightly  so,  assistance  to  the  needy,  housing  and  health 
services  and  water  and  sewage  projects.   But  all  of  these 
services  because  of  an  initial  practice  which  gradually 
became  tradition  here  in  Maine,  are  pretty  much  restricted 
to  the  Indians  who  live  on  the  reservation.   Meanwhile, 
Maine  Indians  who  do  not  reside  on  the  reservations  are 
actually  deprived  of  these  services .... I  think  the  appalling 
social  conditions  which  are  faced  by  many  Indians  living  away 
from  the  reservations  should  be  a  matter  of  principal  concern 
for  the  next  few  years.   We  have  asked  the  106th  Legislature 
to  create  and  fund  a  special  office  for  off-reservation 
Indians.   This  office  would  become  part  of  the  Department 
of  Indian  Affairs.   The  office  would  then  move  to  ensure  that 
off-reservation  Indians  were  aware  of  available  governmental 
assistance  and  were  aided  in  applying  for  benefits  to  which 
they  are  entitled. 

VI 1 

But  I  think  even  the  best  efforts  of  State  Government  will 
not  provide  Maine  Indians  with  treatment  equal  to  that 
extended  to  perhaps  Indians  in  other  parts  of  the  country. 
We  all  know  that  many  Eastern  Indians  have  long  been 
excluded  from  the  various  benefits  which  were  provided  by 
the  Federal  Bureau  of  Indian  Affairs.   A  major  factor  I 
see  in  improving  the  lot  of  Indians  in  this  State  would  be 
to  have  official  recognition  by  the  Federal  Government. 
So  I  would  also  like  to  strongly  endorse  the  efforts  to 
gain  such  recognition  and  I  urge  this  Committee  to  make 
such  a  recommendation  in  its  report  to  the  United  States 
Commission  on  Civil  Rights. 

There  is  no  question  that  the  availability  of  more  federal 
benefits  to  be  coupled  with  State  aid  and  other  agencies 
available  would  not  only  mean  a  greater  sharing  of  the  cost 
of  Indian  services,  but  a  broadening  of  Indian  programs 
themselves.   I  do  know  that  Senator  Muskie  has  presented 
legislation  in  Washington  to  accomplish  this. 

At  the  same  time  litigation  which  was  filed  by  the 
Passamaquoddys  seeks  to  have  the  Department  of  the  Interior 
take  legal  action  against  Maine  for  alleged  treaty  violations 
and  consequently  force  the  Federal  Government  into  official 
recognition  and  I'm  very  pleased  to  see  that  unanimous 
support  has  existed  in  the  Congressional  delegation  within 
the  State  because  we  believe  this  should  be  done.   We 
believe  this  legal  determination  should  be  made.   It's 
going  to  clear  the  way  to  answer  a  lot  more  questions  in  the 

Whatever  the  outcome  of  these  various  steps,  I'd  just  like  to 
say  again  it  is  the  intention  of  my  administration  to  continue 
to  work  to  guarantee  that  the  Indians  of  Maine  have  equal 
access  to  the  quality  of  life  to  which  all  Maine  people  aspire, 
but  until  that  access  is  fully  opened  and  free  of  obstructions, 
there  is  no  question  that  the  "trail  of  tears"  will  go  on 
and  its  specter  will  haunt  us,  and  Maine  and  the  nation  will 
have  failed  to  fulfill  their  just  obligations  to  the  Indians 
of  this  state.* 

♦February  8,  1973. 




Foreword vii 

Introduction   1 

Part  One:   Policy  and  Law 3 

I.   Self  Determination. 5 

II.   Federal  Indian  Services  10 

III.   State  Policy  and  State  Services  13 

IV.   State  of  Maine  in  Conflict 19 

V.   Conclusions  and  Recommendations  22 

Part  Two:   Services  as  Citizens 24 

I.   Economic  and  Community  Development 31 

Recommendations   45 

II.   Housing 46 

Recommendations   65 

III.   Health 66 

Recommendations   73 

IV.   Education 74 

Recommendations   86 

V.   Foster  Care 87 

Recommendations   89 

VI.   Welfare 90 

Recommendations   94 

VII.   Law  Enforcement  and  Public  Safety 95 

Recommendations   103 

Exhibit  I , 104 

Exhibit  II 105 

Exhibit  III 106 

Exhibit  IV 108 



There  are  approximately  3,000  Indians  living  in 
Maine.   All  four  tribes—  Maliseet,  Micmac,  Passamaguoddv, 
and  Penobscot — are  of  the  Algonkian  linquistic  stock, 
they  originally  belonged  to  the  Wabanaki  Confederacy,  and 
they  are  culturally  homogeneous . l 

The  majority  of  the  Indian  population  is  located  in 
northeastern  Maine,  above  and  around  the  45th  parallel, 
with  the  greatest  numbers  in  Aroostook,  Penobscot,  and 
Washington  Counties.   Maine  Indians  have  retained  much  of 
their  culture,  language,  and  government,  and  as  this 
report  will  demonstrate,  are  aggressively  seeking  to  redress 
the  injustices  of  the  past. 

The  Indians  in  Maine  are  Native  Americans,  their 
ancestors  considered  themselves  one  community,  and  today 
they  comprise  a  distinct  people.   They  have  weathered  the 
ridicule  and  racial  discrimination  of  surrounding  non-Indian 
communities.   They  have  withstood  long-standing  governmental 
policies  to  separate  them  from  other  Indians  in  other  parts 

1.   For  general  background  on  Maine  Indian  history,  the  Maine 
Advisory  Committee  referred  to  the  following:   Andrea  Bear, 
"Malisite,  Passamaquoddy  Ethnohistory , "  Colby  College  Honors 
Thesis,  1966;  Gregory  Buesing,  "Maliseet  and  Micmac  Rights 
and  Treaties  in  the  United  States,"  Association  of  Aroostook 
Indians,  Inc.,  Houlton,  Me.,  1973;  J.D.  Prince,  "Passamaquoddy 
Texts,"  Journal  of  the  American  Ethnographic  Society,  Vol.  10, 
1921;  Frank  G.  Speck,  "Eastern  Algonkian  Wabanaki  Confederacy,' 
American  Anthropologist,  Vol.  17,  1915;  R.  Wallis  and 
W.  Wallis,  The  Micmac  Indians  of  Eastern  Canada,  1955. 

-  1  - 

-  2  - 

of  the  continent,  to  erode  their  political  and  cultural  ties, 
and  to  place  them  in  categories  such  as  "on-reservation"  and 
"off-reservation"  for  administrative  convenience.   The 
attitudes  of  the  dominant  culture  might  have  had  a  divisive 
effect  on  the  Indians  of  Maine  had  they  not  been  determined 
to  maintain  their  identity.2   This  is  important  to  keep  in 
mind  as  this  report  outlines  some  of  the  dilemmas  faced  by 
Maine  Indians  today. 

The  Maine  Advisory  Committee  spent  more  than  a  year 
reviewing  statements,  relevant  documents  and  reports  from 
the  staff  of  the  U.  S.  Commission  on  Civil  Rights,  and 
participating  in  a  2-day  public  hearing  that  it  held  in 
Bangor,  February  1973.3 

In  view  of  the  urgency  of  the  conditions  confronting 
Indians  in  Maine,  the  Advisory  Committee  in  May  1973 
released  its  preliminary  findings  and  recommendations  which 
received  wide  distribution  throughout  the  State. 4 

Several  of  these  recommendations  have  been  put  into 
effect,  in  whole  or  in  part:   an  Office  of  Off-Reservation 
Indians  has  been  established  in  the  Department  of  Indian 
Affairs;  the  budget  of  the  department  was  increased,  though 
it  is  still  not  adequate;  and  an  Indian  Police  Department 
has  been  established,  headed  by  an  Indian. 

However,  much  remains  to  be  done.   The  Maine  Advisory 
Committee  pledges  to  work  diligently  at  the  Federal,  State, 
and  local  levels  for  the  recommendations  of  this  report. 
In  this  endeavor,  we  call  upon  all  citizens  of  Maine  to 
join  us. 

2.  Andrea  Bear,  "Passamaquoddy  Indian  Conditions,"  Prelim- 
inary Report  to  the  Maine  Advisory  Committee,  U.S.  Commission 
on  Civil  Rights,  1972,  Commission  files. 

3.  Official  transcript  of  the  Maine  Advisory  Committee's 
open  meeting  in  Bangor,  Me.,  Feb.  7-8,  1973  (hereafter  cited 
as  Bangor  Transcript).   Available  in  files  of  U.S.  Commission 
on  Civil  Rights. 

4.  Federal  and  State  Services  and  the  Maine  Indian,  Prelim- 
inary Findings  and  Recommendations,  Interim  Report  of  the 
Maine  Advisory  Committee,  December  1973,   (second  printing) 



American  Indians  hold  a  special  place  in  our  society. 
While  they  possess  all  the  rights  of  citizens,  they  also 
have  a  unique  status  as  Indians.   Their  status  is  grounded 
in  aboriginal  claims  and  tribal  sovereignty  dating  back 
before  the  European  migration  to  North  America.   It  is 
guaranteed  by  the  U.S.  Constitution  and  Federal  statutes, 
and  in  Maine,  by  the  State  constitution  and  statutes.5   In 
a  sense,  North  American  Indians  have  more  rights  under  the 
law  than  other  citizens.   It  is  a  great  national  irony  that 
their  rights  both  as  citizens  and  as  Indians  have  been  and 
continue  to  be  ignored. 

The  dilemma  of  Maine  Indians  is  worse  than  that  of  many 
other  Indians,  because  even  though  Maine  Indians  experience 
problems  identical  to  those  of  other  Indians ,  the  Federal 
Government  has  systematically  denied  Maine  Indians  the 

5.   See  generally,  State  of  Maine:   A  Compilation  of  Laws 
Pertaining  to  Indians,  Maine  Rev.  stats,   1964,  as  amended 
through  1973,  prepared  by  the  Maine  State  Department  of 
Indian  Affairs,  Augusta,  Me.,  January  1974. 

-  3  - 

-  4  - 

protection  and  services  which  it  provides  other  Indians.6 
State  services  to  Maine  Indians  are  inadequate  and 
applied  unevenly.   Consequently,  they  are  left  to  struggle 
with  others  for  non-Indian  programs  which  are  limited. 

6.   "Indian  Eligibility  for  Bureau  Services,"  Report  of 
the  (Ernest)  Stevens  Committee,  Bureau  of  Indian  Affairs, 
U.S.  Department  of  the  Interior,  1972,  in  Commission  files. 
This  report  concludes,  at  p.  39:   "The  13,000  Indians  who 
live  on  so-called  'state  reservations,'  have  long  been 
improperly  denied  federal  Indian  services  and  protection. 
These  denials  have  resulted  in  large  part  from  oversight 
by  the  BIA,  which  shifted  its  attention  to  the  Western 
frontier  after  the  Removal  Era.   Under  the  Indian  Non- 
Intercourse  Act  of  1790  (now  codified  at  25  U.S.C.  177) 
these  reservation  lands  are  no  less  entitled  to  Federal 
status  than  their  western  counterparts,  and  their  inhabitants 
are  equally  entitled  to  BIA  services..." 

-  5  - 


Maine  Indians  have  a  keen  awareness  of  the  complexities 
of  their  dilemma  and  a  strong  sense  of  self-determination. 
Tribal  members  who  testified  at  the  Maine  Advisory  Com- 
mittee's hearing  described  their  people's  long  struggle 
for  tribal  autonomy  and  self-determination. 

Richard  Hamilton,  the  Penobscot  director  of  the  Indian 
Island  Operation  Mainstream,  said: 

The  Passamaquoddy ,  Micmac,  Maliseet,  and  the 
Penobscot  Nations  have  existed  as  an  ethnic 
entity  for  many  centuries.   Nine-tenths  of 
that  time  we  controlled  our  own  destiny  and 
asked  favors  of  no  one .   The  remaining  one- 
tenth  of  this  time  has  seen  continual  erosion 
of  our  sovereignty  until  it  has  reached  its 
present  level. 

Little  needs  to  be  stated  to  outline  the 
present  situation. ...  the  high  school  dropout 
rate  is  70  percent,  and  the  standard  of 
living  is  way  below  the  national  level. 

Since  the  Anglo-European  invasion,  Maine 
Indians  have  been  subjected  to  continuous 
and  unremitting  social  and  economic 
injustices.   In  our  present  enlightened  age 
everyone  deplores  the  'plight'  of  the 
Indians.   Yet  no  non-Indian  has  had  signifi- 
cant success  in  improving  the  record.   Short 
of  termination,  no  one  sees  an  end  to  the 
present  social  problems.  justice  will  not  come  to  a  power- 
less and  impoverished  group.   Welfare  or 
general  assistance  is  of  little  permanent 
value.   They  do  not  provide  individuals  with 
the  means  to  make  their  own  way  in  the  world. 
However,  through  the  eyes  of  an  economist, 
we  can  see  a  sound  future.   Through  economic 
progress,  the  Maine  Indian  can  be  independent 
again ' 

Bangor  Transcript,  Feb.  8,  1973,  pp.  319-321, 

-  6  - 

Wayne  Newell,  the  Passamaquoddy  director  of  the 
Wabanaki  bilingual  program  at  Indian  Township,  further 
explained  Indian  awareness: 

. . .we  have  a  very  rich  history.   We  have  a 
very  rich  background.   We  have  a  very 
beautiful  country  at  Indian  Township,  clean 
water,  clean  air.   These  are  assets  rather 
than  liabilities.   For  years  the  educational 
system,  as  well  as'  every  other  system  in  the 
United  States  and  Canada  and  in  the  State 
of  Maine,  have  told  us  that  you've  got  to 
move  off  those  reservations  because  they  are 
bad  places  to  live. 

We  are  awakening  our  children  to  the  glories 
and  to  the  great  benefits  that  exist  at  the 
reservation.   We  are  looking  educationally 
into  the  problem  of  self-image. 

When  we  started  the  program,  we  assumed  the 
children  had  a  negative  self-image  when  they 

came  to  the  school But  we  tested 

children  through  many  devices  that  were 
developed  both  by  us  and  by  some  Spanish 
American  language  programs  in  Texas,  and  we 
found  in  conclusion  that  the  children,  in 
fact,  have  a  very  high  self-image  of  them- 
selves when  they  come  to  school. 

They  think  that  being  a  Passamaquoddy  is  the 
greatest  thing  in  the  world.   They  think  the 
language  is  the  greatest  thing  in  the  world. 
They  think  dancing  and  listening  to  the  drum 
is  the  greatest  thing  in  the  world.   And  what 
the  system  does  to  them,  be  it  on  the  reser- 
vation, be  it  in  Princeton,  be  it  in  Houlton, 
Eastport,  Perry,  Pleasant  Point,  wherever  it 
is,  the  system  systematically  teaches  our 
children  to  be  ashamed  of  our  background. ° 

Indian  testimony  emphasized  that  Indians  and  non-Indians 
have  different  world  views,  and  consequently  Indian  partici- 
pation and  expertise  are  vital  to  form  workable  programs  within 

Bangor  Transcript,  Feb.  8,  1973,  pp.  275-276. 

-  7  - 

Indian  communities  throughout  the  State,  both  on  and  off 
the  reservation.   Mary  Altvater,  chairperson  of  the  Pleasant 
Point  Passamaquoddy  School  Board,  testified: 

And  another  thing  we  would  like  the  Federal 
Government  to  do  is  to  recognize  proposals 
made  by  the  Ilndian]  school  boards,  because 
we  have  had  so  many  proposals  submitted  by 
others  for  us ,  and  without  our  knowledge  or 
consent.   Maybe  our  proposals  would  not  be 
as  eloquent  or  as  good;  they  might  not  con- 
form to.... the  rigid  standards  that  they 
ask,  but  it  would  be  our  proposal  and  it 
would  be  our  program,  especially  for 
bicultural  education. 

And  I  say  bilcultural  and  not  bilingual, 
because  we  feel  that  the  language  is 
important,  but  the  history  is  just  as 
important  because  anyone  can  learn  to 
speak  Indian,  but  if  you're  not  learning 
in  your  culture  you  have  no  basis  to  be 
proud  of  your  heritage. 9 

Unity  on  these  matters  exists  throughout  the  Indian 
community  across  generational  lines.   The  Advisory  Committee 
heard  testimony  from  leaders  who  had  spent  their  adult 
lives  fighting  for  Indian  rights.   They  described  their  long 
and  tiring  struggle  against  the  insensitivity  of  agencies 
and  the  callousness  of  men  in  power.   Yet  there  was  no 
evidence  that  Indian  will  is  flagging.   Former  passamaquoddy 
Tribal  Councillor  Robert  Newell,  in  expressing  the  great 
frustrations  of  Indian  leaders  who  are  more  fluent  in  Indian 
than  in  English,  described  the  treatment  of  a  Passamaquoddy 
Chief  who  testified  before  a  committee  of  the  Maine  State 

I  understood  what  he  said,  and  I  believe  that 
most  of  those  people  also  understood  what  he 
wanted  to  say,  but  they  didn't  make  any  attempt 
to  understand,  they  laughed.   I  saw  these  people, 
I  saw  two  people  elected  to  this  legislature, 
one  person  nudge  another  person  and  sort  of 
smile  or  laugh  at  this  person  who  was  trying  to 

Bangor  Transcript,  Feb.  8,  1973,  pp.  247-248, 

-  8  - 

express  himself,  trying  to  relate  Indian 
problems  to  the  people. 10 

The  Indians  of  Maine  have  developed  many  forceful  and 
articulate  spokesmen.   Nevertheless,  it  is  clear  that 
Indian  voices  are  not  being  heard.   Mr.  Newell  charged  that 
"there  is  a  conspiracy  existing  somewhere  between  the  State 
agencies  and  the  Federal  agencies  to  keep  Indians  at  a  very 
minimum.  .  .  "H 

Many  Indian  witnesses  during  the  Advisory  Committee's 
hearing  complained  that  the  State  of  Maine  has  assumed  the 
power  to  regulate  such  internal  reservation  matters  as 
hunting  and  fishing,  inter-Indian  land  transactions,  and 
taxation. 12   Indian  lands  within  reservations  have  been  sold, 
leased,  or  given  away  by  the  State. 13   Maine's  assumption  of 
governmental  power  in  these  areas  appears  to  the  Advisory  Com- 
mittee to  be  in  violation  of  Federal  law  which  prohibits 
State  Governments  from  interfering  in  such  matters. 
Although  there  have  been  periodic  efforts  at  reform,  like  the 
creation  of  the  Department  of  Indian  Affairs,  the  creation 
of  Indian  controlled  school  boards  and  housinq  authorities,  the 
State  has  never  acknowledged  any  inherent  sovereign  powers 
in  the  tribes. 14 

10.  Ibid.,  p.  334.   Mr.  Newell  was  director,  Mainstream 
program,  Peter  Dana  Point  Indian  Council  at  time  he  testified, 

11.  Ibid. ,  pp.  330-331. 

12.  Francis  J.  0' Toole  and  Thomas  N.  Tureen,  "State  Power 
and  the  Passamaquoddy  Tribe:   'A  Gross  National  Hypocrisy1?" 
Maine  Law  Review,  University  of  Maine  School  of  Law,  vol.  23, 
no.  1,  1971,  pp.  10-13. 

13.  Bear,  "Passamaquoddy  Indian  Conditions,"  pp.  1-2.   The 
author  states  that  from  1836  to  1951,  Maine  passed  to  non- 
Indian  owners  15,000  of  an  original  30,000  acres  ceded  to  the 
Passamaquoddys  by  the  Treaty  of  1794;  14,800  of  the  remaining 
15,000  acres  were  then  leased  by  the  State,  leaving  the 
Indians  20  0  acres  on  which  to  live. 

14.  O'Toole  and  Tureen,  "State  Power,"  pp.  38-39. 

-  9  - 

Tribal  representatives  to  the  legislature  have  not  been 
allowed  access  to  their  seats  on  the  floor  of  the  State 
House  of  Representatives  or  the  right  to  speak  on  Indian 
matters  before  that  body  since  the  1930' s.   Attempts  to 
resume  this  practice  have  been  repeatedly  blocked  by  the 
majority  of  the  legislature. 15 

15.  See  debate  on  L.D.  2  87,  introduced  by  Rep.  Kenneth 
Mills,  106th  Maine  State  Legislature,  1973,  regarding  a 
proposed  constitutional  amendment  to  provide  for  Indian 
representatives  to  the  State  legislature. 


In  his  address  to  Congress  on  July  8,  19  70,  the 
President  proposed  a  progressive  policy  for  Indian  develop- 
ment based  on  the  cornerstone  of  Indian  self-determination: 

It  is  long  past  time  that  the  Indian  policies 
of  the  Federal  Government  began  to  recognize 
and  build  upon  capacities  and  insights  of  the 
Indian  people.   Both  as  a  matter  of  justice 
and  as  a  matter  of  enlightened  social  policy, 
we  must  begin  to  act  on  the  basis  of  what  the 
Indians  themselves  have  long  been  telling  us. 
The  time  has  come  to  break  decisively  with 
the  past  and  to  create  the  conditions  for  a 
new  era  in  which  the  Indian  future  is  deter- 
mined by  Indian  acts  and  Indian  decisions. 

....In  my  judgment,  it  should  be  up   to  the 
Indian  tribe  to  determine  whether  it  is  willing 
and  able  to  assume  administrative  responsibility 
for  a  service  program  which  is  presently 
administered  by  a  Federal  agency.16 

The  President's  speech  and  legislative  proposals,  how- 
ever, did  not  address  the  primary  problem  of  Maine  Indians 
with  regard  to  the  Federal  Government.   The  primary  problem 
tor  Maine  Indians,  however,  is  not  whether  they  will 
administer  their  own  programs,  but  whether  they  will  have 
any  programs  at  all,  for  as  it  now  stands,  Maine  Indians  are 

Si  m   r1:611?1"16  f°r  the  Vast  bulk  of  fecial  programs 
which  che  Federal  Government  operates  exclusively  for 
Indians.17  J 

Receipt  of  Federal  Indian  services  is  of  critical 
importance  for  both  the  Indian  and  non-Indian  citizens  of 
Maine.   According  to  an  estimate  prepared  for  the  Maine 
Advisory  Committee  by  the  National  Council  on  Indian  Oppor- 
tunity (a  policy  making  board  within  the  Office  of  the  Vice 
President),  Maine's  share  of  Federal  Indian  services  through 

16.  Message  from  the  President  of  the  United  States  to  the 
House  of  Representatives,  House  Document  No.  91-363,  July  8, 

17.  Stevens  Committee  Report,  "Indian  Eligibility,"  pp.  37-39 


the Bureau  of  Indian  Affairs,  Department  of  the  Interior, 
and  the  Indian  Health  Service  of  the  Department  of  Health, 
Education,  and  Welfare,  would  amount  to  upwards  of  $5 
million  per  year.   This  is  five  times  the  amount  presently 
appropriated  by  the  State  of  Maine  in  lieu  of  the  Federal 
funds. 18   Thus,  if  Maine  Indians  were  to  receive  Federal 
funds ,  they  would  for  the  first  time  have  access  to 
sufficient  funds  to  deal  with  their  chronic  social  and 
physical  problems,  and  the  State  would  be  able  to  sub- 
stantially reduce  its  present  outlay. 

Standing  between  Maine  Indians  and  Federal 
Indian  services  is  the  doctrine  of  "Federal  recognition." 
The  Federal  statute  under  which  the  bulk  of  Indian  services 
are  appropriated,  the  Snyder  Act,  gives  the  Secretary  of 
the  Interior  authority  to  assist  Indians  "throughout  the 
United  States."-^   when  Maine's  elected  officials  challenge 
the  denial  of  these  services  to  Maine's  Indians,  as  they 
have  done  regularly  (most  recently  in  May  1973  when  Governor 
Curtis  led  a  delegation  of  Maine  Advisory  Committee  members 
and  tribal  leaders  to  Washington  to  meet  with  the  President's 
Special  Assistant  on  Indian  Affairs,  Bradley  Patterson),  they 
are  told  that  Maine  Indians  are  ineligible  for  Federal  Indian 
funds  because  they  have  not  been  officially  "recognized"  as 
Indians  by  the  Federal  Government . ^0   The  denial  of  Federal 

18.  Letter  from  Daniel  McDonald,  Assistant  Executive  Director, 
National  Council  on  Indian  Opportunity,  Office  of  the  Vice 
President,  to  Hon.  Harvey  Johnson,  Chairman,  Maine  Advisory 
Committee,  May  1,  1973,  in  response  to  questions  raised  at 
Bangor  hearing.   (Bangor  Transcript,  Feb.  7,  1973,  pp.  77-78) 
The  estimate  is  based  on  services  currently  provided  by  BIA 
and  IHS  to  Indian  populations  comparable  to  Maine's. 

19.  42  Stat.  208,  25  U.S. C. A.  §  13  (1921). 

20.  Copies  of  congressional  correspondence  pertaining  to  the 
"recognition"  question  are  included  in  the  Appendix  as 
Exhibits  I  -  IV,  courtesy  of  the  office  of  Hon.  Edmund  S. 
Muskie,  U.S.  Senate. 

-  12  - 

services  to  Maine  Indians  has  been  a  prime  concern  of 
Maine's  Congressional  delegation.   In  a  letter  to  the 
President  in  June  1973,  they  argued  that  the  use  of  "Federal 
recognition"  as  an  administrative  vehicle  for  denying 
services  to  Indians  has  no  basis  in  law. 21 

When  asked  how  the  tribes  can  be  recognized,  the  Federal 
officials  reply  that  they  mast  either  enter  into  a  treaty 
with  the  United  States,  be  specifically  "recognized"  by 
Congress,  or  have  had  a  consistent  course  of  dealing  with 
administrative  officials  of  the  Federal  Government .22   The 
Maine  officials  pointed  out  that  Indians  have  had  contacts 
with  Federal  officials  before,  indeed  that  the  Federal  Govern- 
ment funded  a  school  for  Maine  Indians  in  the  19th  century 
and  Maine  Indian  students  have  attended  various  Federal 
Indian  boarding  schools.   They  were  told  these  contacts  were 
not  sufficient.   Asked  why,  if  these  prior  contacts  were  not 
enough,  Maine  Indians  cannot  now  begin  establishing  the 
necessary  contacts,  Federal  officials  replied  that  Indians 
cannot  begin  having  consistent  contacts  unless  they  have  had 
them  in  the  past. 

The  National  Council  on  Indian  Opportunity  (NCIO) ,  the 
only  Federal  Indian  Agency  which  appeared  before  the 
Advisory  Committee,  was  created  by  Executive  order  of 
President  Lyndon  B.  Johnson  in  1968,  and  placed  within  the 
office  of  the  Vice  President.   It  was  given  a  broad  mandate 
to  encourage  the  full  use  of  Federal  programs  for  Indians, 
coordinate  activities  of  the  various  Federal  departments  as 
they  relate  to  Indians,  evaluate  program  effectiveness,  and 
recommend  new  programs.   It  is  composed  of  eight  Indian 
members  and  eight  Cabinet  members .   Indian  members  are  chosen 
nationwide  but  none  represent  non- federally  recognized  tribes 
nor  has  NCIO  appointed  non-federally  recognized  tribal  members 
to  their  subcommittees.   Thus  Maine  Indians,  as  well  as  nearly 
all  other  eastern  Indian  tribes,  have  no  voice  in  the  develop- 
ment of  national  Indian  policy. 2  3 

21.  Letter  from  the  Maine  Congressional  delegation  to  the 
President,  June  5,  1973,  included  in  the  Appendix  as 
Exhibit  III. 

22.  See  Exhibits  II,  IV,  Appendix. 

23.  Bangor  Transcript,  feh.    7,  1973,  dd.  70-86.   The  National 
Council  on  Indian  Opportunity  was  disbanded  June  30,  1974. 

-  13  - 


Since  Maine  Indians  have  been  denied  Federal  Indian 
protection  and  services  they  must  cope  with  Maine  Indian 
policy  which  is  both  limited  and  inconsistent.   Maine,  for 
instance,  was  the  last  State  in  the  Union  to  grant  its 
Indian  population  the  right  to  vote.   This  process  was 
begun  in  1954  but  not  completed  until  1967,  nearly  a  half 
century  after  the  Congress  acted  to  assure  Indians  that 
right. 24   However,  in  1965  Maine  was  the  first  State  to 
create  a  Department  of  Indian  Affairs.  ■> 

Maine  Indians  —  Maliseet,  Micmac,  Passamaquoddy ,  and 
Penobscot  —  have  a  special  position  in  the  Maine  law 
through  the  State  Constitution,  statutes,  and  various 
treaties. 26 

As  on  the  Federal  level,  the  State  has  developed  admin- 
istrative interpretations  as  to  which  Indians  are  eligible 
for  State  Indian  services.   Two  arguments  have  been  developed, 
One  is  that  Indians  whose  tribes  have  treaties  with  the  State 
are  eligible;  the  other  is  that  only  on-reservation  Indians 

may  receive  services. 


24.  See  Article  II,  Section  I  —  "Elections"  —  Constitution 
of  Maine,  as  amended  by  the  Act  of  Sept.  21,  1954;  also,  see 
Title  21  Sections  1621-1622,  Maine  Rev.  Stats.,  as  amended, 
setting  forth  special  provisions  for  Indian  Voting  Districts. 
As  late  as  1967,  the  Maine  Secretary  of  State  held  that  the 
19  5  4  Constitutional  amendment  gave  Indians  only  the  right  to 
vote  for  representatives  to  the  State  Senate,  not  House. 
Rep.  Kenneth  Mills  of  Eastport  is  credited  with  threatening 
court  action  to  assure  full  franchise,  which  occurred  in  196  8 
(Source:   Memorandum  to  file,  8-2-74,  by  Gregory  Buesing, 
Secretary,  Maine  Advisory  Committee) 

25.  Created  under  Chap.  1351,  Sec.  4702,  Maine  Rev.  Stats. 
1964,  as  amended  (P.L.  65,  c.  340). 

26.  State  of  Maine:   Compilation  of  Laws  Pertaining  to 
Indians . 

27.  Bangor  Transcript,  Feb.  7,  1973,  pp.  9-31.   Testimony 
of  John  Stevens,  Commissioner,  Maine  State  Department  of 
Indian  Affairs,  Augusta. 

-  14  - 

The  State  recognizes  treaty  obligations  to  Passamaquoddys 
and  Penobscots  and  claims  to  have  fulfilled  them.   It  does 
not  recognize  any  treaty  obligation  to  Micmacs  and 
Maliseets. 2 8 

The  Micmacs  and  Maliseets,  however,  do  not  have  any 
reservations  in  Maine  although  there  is  some  legal  question 
about  this  since  they  were  connected  with  the  Treaty  of 
1794  between  the  Commonwealth  of  Massachusetts  and  the 
Passamaquoddys,  a  treaty  recognized  by  the  now  State  of 
Maine. 2  9   The  Micmacs  and  Maliseets  were  also  historically 
instrumental  in  assisting  the  Americans '  claim  to  all  of 
northern  and  eastern  Maine  during  the  American  Revolution, 
along  with  the  Passamaquoddys  and  Penobscots.   This  began 
a  trust  relationship  with  the  U.  S.  Government. 3^ 

Those  Micmacs  and  the  Maliseets  who  live  in  Canada, 
through  the  Jay  Treaty  of  1796,  have  a  right  to  come  into 
the  United  States  and  acquire  employment  without  having  to 
register  as  aliens.   They  also  have  full  hunting  and  fishing 
rights  in  proportion  with  other  Indians  in  Maine. 31 

The  second  criterion  for  determining  eligibility  for 
State  Indian  services  is  residence  on  a  reservation.   The 
legislation  creating  the  Department  of  Indian  Affairs  makes 
no  distinction  between  on  and  off-reservation  Indians,  but 
rather  mandates  the  DIA  to  serve  Indians  who  are  members 
of  tribes. 32 

28.  Buesing,  "Maliseet  and  Micmac  Rights,"  pp.  22-25. 

29.  Treaty  with  the  Passamaquoddy  Tribe  of  Indians,  by 
the  Commonwealth  of  Massachusetts,  Sept.  29,  1794,  in 
VIII  Maine  Historical  Society,  Documentary  History  of  the 
State  of  Maine  98-102  (2d  ser.  1902). 

30.  Buesing,  "Maliseet  and  Micmac  Rights,"  pp.  22-25. 

31.  Ibid. 

32.  Ch.  1351,  Sec.  4702  M.R.S. 

-  15  - 

However,  Maine's  Department  of  Indian  Affairs  provides 
services  only  to  Passamaquoddys  and  Penobscots  residing  on 
reservations.   This  may  be  in  conflict  with  the  legislation 
which  created  that  agency. 

The  definition  of  an  Indian  —  a  person  of  at  least  one 
quarter  Indian  blood  —  is  provided  by  another  statute. 33 
The  term  "tribe"  however,  is  undefined.   During  the 
Advisory  Committee's  hearing,  the  Maine  attorney  general's 
office  promised  to  provide  a  clarification  of  this  term. 
The  promise  was  later  rescinded  by  the  attorney  general  who 
stated  that  the  issue  was  pending  in  litigation. 34   The 
Advisory  Committee  was  unable  to  discover  any  pending 
litigation  which  directly  dealt  with  this  issue. 

In  1968  the  Governor's  Task  Force  on  Human  Rights 
recommended  that  the  statutes  on  Maine  Indians  be  clarified 
and  interpreted.   This  has  not  been  done.   As  a  result, 
many  legal  matters  remain  unsettled,  and  State  legislators 
opposed  to  Indian  legislation  invoke  the  term  "unconstitu- 
tional" to  defeat  bills  which  might  otherwise  have  chance  of 
passage . 

The  Advisory  Committee  found  numerous  examples  of  the 
inconsistent  nature  of  the  State's  policy  for  providing 
Indian  services: 

Of  the  four  Maine  Tribes  —  Maliseet,  Micmac, 
Passamaquoddy ,  and  Penobscot  --  only  members 
of  the  latter  two  who  live  on-reservation 
receive  health  and  welfare  services  from  the 
State  Department  of  Indians  Affairs.   Off- 
reservation  Passamaquoddys  and  Penobscots 
do  not. 

33.  Ch.  1351,  Sec.  4701  M.R.S. 

34.  Bangor  Transcript,  Feb.  8,  1973,  p.  142  P.J.  Perrino, 
Assistant  Attorney  General,  Augusta,  stated  "...I  would  be 
more  than  happy  to  do  the  research  and  render  an  official 
opinion  as  to  what  a  tribe  is,  rather  than  to  quote  some- 
thing off  the  top  of  my  head..."   By  letter  of  April  19,  1973 
from  Jon  Lund,  Attorney  General,  Maine,  to  Harriet  H.  Price, 
consultant  to  the  U.S.  Commission  on  Civil  Rights,  the 
agreement  to  render  the  opinion  was  postponed  indefinitely. 

-  16  - 

The  State  will  pay  the  transportation  and  tuition 
for  Indians  living  on  the  reservation  to  attend 
schools  off-reservation.   However,  the  State  will 
not  provide  similar  services  to  off-reservation 
children  to  attend  reservation  schools. 35 

Indian  women  married  to  white  men  and  living  on 
the  reservation  cannot  receive  general  assistance 
from  the  Department  of  Indian  Affairs,  although 
this  is  not  true  for  an  Indian  man  married  to  a 
white  woman  and  living  on  the  reservation . 36 

The  Department  of  Indian  Affairs  (DIA)  is  authorized  to 
pay  medical  and  hospital  bills  for  reservation  health  needs 
and  to  pay  welfare  bills  for  the  unemployed  on  reservations. 
The  health  bills  are  submitted  by  doctors  and  hospitals  to 
the  DIA  for  payment,  frequently  without  documentation.   The 
welfare  requests  come  through  "Indian  Agents"  who  are  supposed 
to  assess  needs.  3"7   Indians  said  the  process  is  degrading  and 

Nineteen  years  ago  the  Maine  State  Department  of  Health 
and  Welfare  (DHW) ,  using  Indian  trust  funds,  built  homes  on 
the  Passamaquoddy  reservations.   These  homes  have  been  found 
to  be  fire  hazards  because  they  have  high  windows ,  only  one 
exit,  and  poor  heating  facilities.   Now  the  Bureau  of  Social 
Welfare  of  DHW  says  that  the  physical  condition  of  these 
Indian  homes  poses  an  obstacle  to  licensing  them  for  foster 

35.  Bangor  Transcript,  Feb.  7,  1973,  pp.  256-262,  Testimony 
of  Robert  Gerardi ,  Maine  Department  of  Education  and  Cultural 
Services  (DECS) ,  and  Marion  Bagley,  Chairwoman,  Maine  Indian 
Educational  Advisory  Committee. 

36.  Bangor  Transcript,  Stevens  testimony,  p.  14.   See  also, 
testimony  of  Robert  Wyllie,  Director,  Maine  Bureau  of  Social 
Welfare,  Bangor  Transcript,  Feb.  7,  1973,  p.  229.   Mr.  Wyllie 
indicated  that  general  assistance  from  his  bureau  would  be 
provided  to  mixed  couples  living  on  Passamaquoddy  or 
Penobscot  reservations. 

37.  Bangor  Transcript,  Feb.  7,  1973,  Stevens  testimony, 
pp.  9-31. 

-  17  - 

care. 38  When  it  comes  to  housing  construction  and  finance, 
the  Passamaquoddy  Indians  need  permission  from  the  State 
Governor  to  lease  their  own  land  to  their  own  Tribal  Housing 
Authority  to  build  low  income  housing  on  the  reservation. 39 
Similarly/  because  of  the  State's  claim  to  ownership  of 
reservation  land,  the  great  number  of  Indian  veterans  who 
have  volunteered  for  military  service  are  denied  housing 
loans  by  the  Veterans  Administration. 40 

The  education  of  Indian  children  living  on  reservations 
is  under  a  Supervisor  of  Indian  Education  in  Maine's 
Department  of  Education  and  Cultural  Services  (DECS) . 
Off-reservation  Indians  have  no  advocate  nor  do  they  receive 
direct  services  from  DECS,  although  there  are  Federal  monies 
designed  to  serve  off-reservation  Indians  through  State 
agencies,  such  as  Title  I  funds  for  migrant  programs  provided 
by  the  Elementary  and  Secondary  Education  Act  of  1965.41 

John  Stevens,  Commissioner  of  the  Department  of  Indian 
Affairs  and  an  Indian  himself,  told  the  Advisory  Committee 
that  he  viewed  the  DIA's  role  as  one  of  advocacy  for  all 

38.  Bangor  Transcript,  Feb.  7,  1973,  p.  228.   Testimony  of 
Robert  Wyllie,  Director,  Maine  Bureau  of  Social  Welfare.   See 
also  the  Legislative  Record,  Maine  House  of  Representatives, 
May  18,  1971,  p.  2765,  remarks  of  Rep.  Doyle  on  L.D.  515  and 
H.P.  402  regarding  guaranteed  loans  for  Indian  housing:  "... 
The  housing  that  was  built  on  the  Pleasant  Point  reservation, 
under  the  direction  of  DHW,  was  built  with  Indian  money,  not 
State  money.   These  particular  houses  do  not  meet  the  fire 
standards  of  the  state  at  the  present  time.   In  fact  there 

was  a  severe  tragedy  in  which  several  people  died  in  one  of 
those  houses  this  year." 

39.  Chap.  1352,  Sec.  4737,  Maine  Rev.  Stats.,  1964,  as  amended, 

40.  Bangor  Transcript,  Feb.  8,  1973,  p.  34.   Testimony  of 
John  D.  Bunger,  Assistant  Director,  U.S.  Veterans  Admini- 
stration Office,  Togus ,  Me. 

41.  Ibid.,  pp.  256-262.  See  also  statement  of  Meredith 
Ring,  Supervisor,  Maine  Indian  Education,  Augusta,  Bangor 
Transcript,  Feb.  7,  1973,  p.  262. 

-  18  - 

Indians  in  Maine,  and  that  he  believed  the  State  should 
make  direct  grants  to  the  tribal  governments  who  desire 
them,  so  they  could  use  the  appropriations  more  ef fectively . 42 

With  a  yearly  budget  of  $500,000,  the  DIA  is  able  to 
provide  only  minimal  health  and  welfare  services.   Since  its 
inception,  the  DIA  has  had  an  annual  deficit  of  $100,000. 
With  increased  unemployment  among  Indians,  however,  the  DIA 
is  finding  its  role  in  health  and  welfare  increasingly 
difficult  to  fulfill. 43 

42.  Bangor  Transcript,  Feb-  7#  1971,  pp.  18,31. 

43.  Ibid. 

-  19  - 


A  network  of  interconnected  legal  problems  surrounds 
the  Maine  Indians'  determination  to  receive  Federal  Indian 
services  and  to  achieve  their  rights  as  Indians.   These 
problems  arise  from  the  complexity  of  the  relationship  which 
exists  between  the  Indians  and  the  State  and  Federal 
governments,  and  is  further  complicated  by  aboriginal  land 
claims  in  which  the  Indians  are  seeking  damages  for  millions 
of  acres  of  land  allegedly  taken  from  the  tribes  by  the 
State  with  little  or  no  compensation.   The  Federal  relation- 
ship has  been  outlined  in  Section  II.   At  the  heart  of  the 
Indians'  problems  with  the  State  of  Maine  lies  a  conflict  in 
the  State's  perception  of  its  responsibilities  toward  the 
Indians  and  of  its  own  best  interests. 

The  Indians'  land  claim  is  based  on  the  premise  that 
they  are  entitled  to  the  protection  of  the  Indian  Trade  and 
Intercourse  Acts,  Federal  laws  which  since  1790  have  out- 
lawed any  transactions  involving  Indian  land  which  are  not 
consented  to  by  the  Federal  Government.44   The  Federal 
Government  has  frequently  brought  suit  against  State 
governments  to  get  land  or  money  damages  for  tribes  which 
have  lost  land  in  violation  of  the  Trade  and  Intercourse 

The  Passamaquoddy  Tribe  had  asked  Louis  Bruce,  former 
Commissioner  of  the  U.  S.  Bureau  of  Indian  Affairs,  to 
recommend  that  the  U.  S.  Department  of  Justice  sue  Maine  on 
the  tribe's  behalf.   Commissioner  Bruce  agreed  with  the 
tribe  and  recommended  that  the  Justice  Department  bring 
action,  but  was  overruled  by  his  superiors  at  the  U.  S. 
Department  of  the  Interior.   As  in  the  case  of  the  Snyder 
Act,  these  officials  argued  that  the  Trade  and  Intercourse 
Act  is  not  applicable,  and  the  government,  therefore,  has  no 
duty  to  protect  Maine  Indians  because  they  have  not  been 

44.  Trade  and  Intercourse  Act  of  1790,  ch.  33  §  4,  1  Stat 
138;  revised  by  the  Act  of  Mar.  1,  1793,  ch.  19,  §  8,  1  Stat 
330-31;  recodified  under  the  Act  of  June  30,  1834  as  ch.  161 

§  12,  4  Stat  730;  currently  codified  at  25  U.S.C.  §  177  (1964) 
(Commonly  known  as  the  Non-Intercourse  Act) 

45.  O'Toole  and  Tureen,  "State  Power,"  pp.  28-30. 

-  20  - 

"recognized"  by  Congress  in  a  treaty  of  statute. ^° 

The  Passamaquoddys  then  filed  suit  against  the  Federal 
officials  involved  (Passamaquoddy  v  Morton)  in  which, 
among  other  things,  they  asked  the  court  to  declare  that 
"Federal  recognition"  is  an  invalid  basis  for  denying  them 
protection  of  their  land  under  the  Non-Intercourse  Act.  4*7 

By  way  of  preliminary  relief,  the  U.S.  District  Court 
for  Maine  ordered  the  Federal  Government  to  file  suit 
against  the  State  on  behalf  of  the  tribe  before  the  running 
of  a  Federal  statute  of  limitations  barred  the  action. 
This  case  is  presently  on  file,  and  in  it  the  Federal 
Government  seeks  damages  from  the  State  on  behalf  of  the 
Passamaquoddy  Tribe.   Shortly  before  the  statute  of  limi- 
tations was  due  to  run,  the  Federal  Government  voluntarily 
filed  an  additional  suit  against  the  State  on  behalf  of  the 
Penobscot  Tribe. ^8 

By  order  of  the  court,  the  Statfe  of  Maine  was  not  obliged 
to  take  any  action  with  regard  to  the  two  suits  which  the 
Federal  Government  had  filed  until  the  underlying  recognition 
question  was  answered  in  Pas samaquoddy  v  Morton. ^  The  Maine 
attorney  general,  however,  apparently  decided  that  it  was  his 
duty  to  protect  the  State  from  the  Indians'  claims  in  any 

46.  Memorandum  from  Thomas  N.  Tureen,  Esq.,  Calais,  Me., 
to  Harriet  H.  Price,  consultant,  U.S.  Commission  on  Civil 
Rights,  Commission  files. 

47.  Ibid.   Full  title  of  the  case  is  Joint  Tribal  Council 
of  the  Passamaquoddy  Tribe,  et  al .  v.  Rogers  C.B.  Morton, 
et  al,  Civil  Action  No.  1960,  U.S.  District  Court,  Div.  of 
Maine,  Northern  Div.,  filed  June  2,  1972.   Brief  in  Com- 
mission files. 

48.  The  Federal  District  Court  Order  was  filed  June  23,  1972. 
Subsequent  Federal  suits  filed  were  U.S.  v.  Maine,  Civil 
Action  No.  1966  (D.C.  Maine,  Northern  Div.,  June  29,  1972)  on 
behalf  of  the  Passamaquoddy  Tribe,  and  U.S.  v.  Maine,  Civil 
Action  No.  1970  (D.C.  Maine,  Northern  Div.,  July  17,  1972)  on 
behalf  of  the  Penobscot  Tribe. 

49.  The  stay  was  ordered  on  July  26,  1972,  pending  further 
order  of  the  court. 

-  21  - 

way  that  he  could  (even  though  he  also  has  a  discretional 
statutory  duty  to  represent  the  Indians), 50  and  he  inter- 
vened in  the  Passamaquoddy  litigation  on  the  side  of  the 
Federal  Government,  arguing  that  the  absence  of  "recognition" 
was  a  valid  basis  for  the  refusal  of  the  Federal  officials 
to  honor  the  tribe's  request  for  a  suit  against  Maine. 51   in 
so  doing,  the  attorney  general  has  nonetheless,  and  perhaps 
inevitably,  placed  his  office  in  conflict  with  other  State 
offices,  notably  that  of  the  Governor  and  with  the 
Congressional  delegation,  which  have  been  arguing  that  the 
"recognition"  argument  is  not  a  valid  basis  for  denying 
Federal  services.  *   Moreover,  since  the  Secretary  of  the 
Interior  has  indicated  that  he  will  consider  Maine  Indians 
eligible  for  Federal  Indian  services  if  the  Indians  obtain 
a  favorable  ruling  on  recognition  in  the  Passamaquoddy 
litigation, 53  the  State  appears  to  be  in  a  no-win  situation: 
if  the  attorney  general  should  succeed  in  helpinq  the  Federal 
Government  win,  or  even  delay  losing  on  the  recognition 
issue,  his  action  will  at  the  same  time  effectively  prevent 
or  delay  Maine  Indians  from  receiving  Federal  Indian  services 
and  the  State  from  reducing  its  services  outlay. 

50.  Pursuant  to  Ch.  1351  Section  4709  Maine  Rev.  Stats., 
1964,  as  amended. 

51.  Petition  for  intervention  granted  Jan.  17,  1973. 

52.  Letter  to  the  President  from  the  Maine  Congressional 
Delegation,  (Exhibit  III  in  Appendix) . 

53.  Based  on  letter  from  Deputy  Solicitor,  Office  of  the 
Secretary  of  the  Interior,  to  Hon.  Edmund  S.  Muskie,  U.S. 
Senate,  Apr.  2,  1973^  in  which  the  Department  stated  that  the 
issue  of  eligibility  turned  on  the  litigation.  (Exhibit  II  in 
Appendix)  . 

-  22  - 

1.  The  Maine  Advisory  Committee  concludes  that  Federal 
Indian  services  are  essential  to  the  future  growth  and 
well-being  of  Maine  Indians.   Their  continued  denial  is  an 
invidious  discrimination  against  Maine  Indians  and  a 
disproportionate  burden  on  Maine  taxpayers.   The  Advisory  Com- 
mittee further  concludes  that  the  only  legal  impediment  to 
their  fair  share  of  Federal  services  is  the  Federal 
Government's  "recognition"  requirement,  and  that  the 
Secretary  of  the  Interior  will  consider  Maine  Indians 
eligible  for  Federal  Indian  services  if  they  establish  that 
"recognition"  is  not  a  prerequisite  for  Federal  protection 

in  their  land  claims  case.   Realizing  that  the  Maine 
attorney  general  has  intervened  on  the  side  of  the  Federal 
Government  in  the  land  claims  case  in  the  exercise  of  his 
obligation  to  the  people  of  the  State  of  Maine,  but  also 
realizing  the  potential  cost  of  possible  delays,  the 
Advisory  Committee  accordingly  recommends: 

That  if  the  Indians  are  successful  in  obtaining 
a  favorable  decision  from  the  U.S.  District  Court 
for  Maine  on  the  recognition  issue  in  their 
present  litigation  against  the  Secretary  of  the 
Interior,  that  the  attorney  general  not  take 
appeal  of  such  a  decision,  and  join  with  the 
Maine  Advisory  Committee  in  vigorously  pursuing 
Federal  services  for  Maine  Indians. 

That  the  Secretary,  U.S.  Department  of  the 
Interior,  take  every  administrative  and 
budgetary  action  possible  to  assure  Federal 
Indian  protection  and  services  to  the  four 
tribes  of  Maine;  and 

That  the  Secretary,  U.  S.  Department  of  Health, 
Education,  and  Welfare,  take  every  administra- 
tive and  budgetary  action  possible  to  extend 
services  of  the  Indian  Health  Services  to  the 
four  tribes  of  Maine. 

2.  The  Advisory  Committee  concludes  that  the  recommen- 
dations of  the  Governor's  Task  Force  on  Human  Rights  in  19  6  8 
have  not  been  implemented  in  regard  to  clarifying  and  inter- 
preting statutes  on  Maine  Indians,  and  as  a  result  Maine 
Indians  are  hampered  in  lawfully  exercising  rights  under  our 
State  Constitution  and  laws,  and  accordingly  recommends: 

-  23  - 

That  the  Governor  take  appropriate 

steps  to  carry  out  the  196  8  recommendations 

of  the  Task  Force  on  this  point. 

3.  The  Advisory  Committee  concludes  that  half  of  the 
Indians  in  Maine  are  not  receiving  State  Indian  services 
because  they  live  off  the  reservations.   Yet,  the  Com- 
mittee found  nothing  in  the  statutes  that  created  the 
Department  of  Indian  Affairs  that  limits  its  services  on 
the  basis  of  residency.   Therefore,  the  Advisory  Committee 

That  Maine  develop  an  integrated  program  of 

services  for  members  of  the  four  tribes , 

regardless  of  residency  on  or  off  the 

reservations ,  and  that  the  budget  of  the 

Maine  Department  of  Indian  Affairs  be  annuallv  adjusted 

on  the  basis  of  need,  takinq  both  population  qrowth  and 

inflation  into  account. 

That  any  efforts  to  acquire  Federal  Indian 
services  be  made  on  behalf  of  all  Maine  Indians. 

4.  The  Advisory  Committee  concludes  that  the  inherent 
right  of  Indian  self-determination  and  tribal  sovereignty 
is  not  being  recognized  by  all  governmental  bodies.   The 
Advisory  Committee  recommends: 

That,  as  a  matter  of  basic  principle,  both 
State  and  Federal  governments  reexamine 
their  policies  toward  Native  Americans  in 
Maine  and  elsewhere,  and  affirm  the  inherent 
right  of  Indian  self-determination  and 
tribal  sovereignty. 



Although  Federal  Indian  services  are  denied  to  all 
Maine  Indians  and  State  Indian  services  are  denied  to 
off-reservation  Indians,  they  are  eligible,  as  citizens, 
for  the  various  categorical  programs  sponsored  by  the 
Federal  and  State  governments.   These  include  programs  in 
the  areas  of  economic  development,  housing,  health, 
education,  foster  care,  welfare,  and  law  enforcement. 

There  exists  a  wide  spectrum  of  attitudes  towards 
Maine  Indians  in  the  agencies  that  administer  these  pro- 
grams, ranging  from  a  sincere  interest  and  commitment  to 
a  grave  insensitivity.   Some  agencies,  for  instance,  did 
not  appear  before  the  Maine  Advisory  Committee's  hearing 
or  respond  to  the  Advisory  Committee's  requests  for  infor- 
mation.  It  seems  evident  that  as  long  as  Maine  Indians 
are  denied  Federal  recognition  they  will  be  dependent  upon 
the  good  will  of  Federal  and  State  administrators  and 
their  staffs  for  assistance.   Generally  ,  services  to  the 
low-income  populace  are  far  less  secure  than  those  of 
recognized  Indian  communities. 

Maine's  Congressional  Delegation  and  Governor  are  contin- 
ually dealing  with  Federal  agencies  to  insure  that  funding  to 
Maine  Indians  is  not  arbitrarily  cut  off.   For  instance,  when  it 
appeared  that  Economic  Development  Administration  (EDA)  monies 
for  Indian  water  and  sewer  projects  would  be  transferred  to  the 

-  24  - 

-  25  - 

BIA  (which  refuses  to  serve  Maine  Indians) ,  the  Governor 
and  the  Congressional  Delegation  could  see,  in  effect, 
that  this  would  halt  all  development.   Frequently  Federal 
services  provide  the  major  employment  on  a  reservation. 
With  a  65  percent  unemployment  rate  among  Maine  Indians, 
the  removal  of  Federal  services  would  send  them  into  near 
total  unemployment. 

Each  of  the  federally  funded  programs  has  an  advisory 
board  or  committee,  and  each  State  agency  has  developed 
State  and  local  plans  for  the  use  of  its  funds.   There  are 
too  many  agencies,  plans,  and  committees  for  Maine  Indians 
to  participate  effectively  in  all  of  them.   iThe  Maine 
Advisory  Committee  was  told  of  instances  when  Indian  com- 
munities were  used  by  local  non-Indian  agencies  to  acquire 
funding  without  the  knowledge  of  those  communities . 54 
In  other  instances,  witnesses  said  Indians  were  simply  not 
made  aware  of  potential  funding  sources.] 

The  Federal  Regional  Council  (FRC)  of  Region  I  has  been 
working  on  these  problems  of  cooperation  and  coordination 
since  January  1972  when  it  created  an  Indian  Working  Group. 
Richard  Putnam,  chairman  of  the  Indian  Working  Group,  pre- 
sented to  the  Advisory  Committee  a  full  review  of  the  FRC ' s 
objectives,  its  activities  to  date,  and  a  proposed  outline 
to  facilitate  full  participation  by  Indians  in  New  England 
in  federally  funded  programs. " 

The  FRC  was  established  by  the  President  in  1971  and  is  a 
composite  group  consisting  of  the  regional  directors  of  the  Depart- 
ment of  Health,  Education,  and  Welfare  (DHEW) ,  Housing  and  Urban 
Development  (HUD) ,  Department  of  Labor  (DOL) ,  Office  of 
Economic  Opportunity  (0E0) ,  and  the  regional  representatives 
of  the  Secretary  of  Transportation.   In  Region  I,  FRC  member- 
ship has  been  expanded  to  include  the  New  England  Regional 

54.  Bangor  Transcript,    Feb.  7,  197  3,  Stevens  testimony,  p.  16 

55.  Ibid. ,  pp.  41-59. 

-  26  - 

Commission,  the  Law  Enforcement  Assistance  Administration 
(LEAA) ,  and  the  Environmental  Protection  Agency  (EPA) .56 

Mr.  Putnam  explained  the  origins  and  objectives  of  the 
Indian  Working  Group: 

In  early  1972  the  FRC  began  to  explore  the 
concept  of  coordinating  federally  funded 
Indian  programs.   The  first  meeting  on  the 
subject  was  held  on  January  13,  1972,  and 
was  comprised  solely  of  Federal  representa- 
tives.  The  second  meeting  held  on  March  3, 
1972,  included  both  Federal  and  Indian 
representatives.   This  group  prepared  a 
listing  of  New  England  Indian  groups  and 
summary  of  Federal  programs  impacting 
primarily  on  these  groups.   Additionally, 
the  group  recommended  the  creation  of 
Region  I,  the  FRC  sponsored  Indian  Task 
Force. . . 

Specifically,  the  objectives  were:   (1)  to 
coordinate  Federal  programs  directly 
affecting  Indian  groups,  and  to  facilitate 
the  exchange  of  basic  data  concerning 
Indian  problems;  and  (2)  to  provide  a 
clearinghouse,  an  in-house  clearinghouse 
mechanism  to  insure  that  proposals  for 
funding  or  technical  assistance  for  Indian 
groups  receive  coordinated  review. . . 

The  FRC  Indian  Working  Group,  in  reviewing 
applications  and  grants  found  that  the 
funding  agencies,  Federal  agencies,  needed 
to  be  more  cognizant  in  culture,  Indian 
culture  and  Indian  programs,  in  order  to  deal 
more  effectively  with  Indian  grantees.   That 
group  also  identified  a  need  to  develop  a 
better  review  mechanism,  review  of  proposals, 
applications  to  insure  Indian  participation 
in  reviewing  applications  and  grants  affecting 
Indians.   Further  consideration  is  also  being 
given  for  providing  assistance  to  Indian 

56.   Bangor  Transcript,  Feb.  7.  .1973,  pp.  41-42. 

-  27  - 

organizations  regarding  the  present 
changes  in  categorically  funded  Federal 
programs  to  take  effect  in  the  fiscal 
year  1974.57 

Since  the  Advisory  Committee's  hearing,  the  FRC  has 
established  an  Indian  Task  Force,  which  carries  more 
authority  than  a  Working  Group,  and  has  hired  a  Maine  Indian 
to  act  as  coordinator  for  Indian  affairs  in  Region  1.58 
Although  this  offers  the  promise  of  effective  Indian  input, 
there  is  often  confusion  between  the  Indians  and  the  various 
agencies.   For  example,  the  Region  I  Director  of  DHEW  sent 
a  representative  to  the  hearings ,  and  also  conveyed  a  full 
report  on  agencies  affected  by  the  Advisory  Committee's 
inquiry.   The  transmittal  letter  with  the  report  summarizes 
DHEW  Reqion  i's  recent  awareness  of  Maine  Indian  needs: 

We  are  not  yet  doing  all  that  we  would  like 
to  do,  but  we  have  increased  substantially 
our  Maine  Indian  programming  since  my  first 
meeting  with  Governor  Kenneth  Curtis  and 
John  Stevens  about  2  years  ago.   Each  of  our 
agencies  has  made  an  earnest  effort  to  help 
as  much  as  the  law  and  available  funds  will 

Our  efforts  have  been  aided  immeasurably  by 
the  presence  in  our  regional  office  over  the 
last  few  months  of  James  Sappier,  a  Maine  Indian 
on  a  Ford  Fellowship.   He  has  been  a  worthy 
ambassador  of  his  people,  and  we  have  given  him 
full  access  to  all  our  program  information  and 
our  personnel. 59 

57.  Bangor  Transcript,  pp.  42-44. 

58.  James  Sappier,  Federal  Coordinator,  Indian  Affairs, 
Federal  Regional  Council,  JFK  Bldg. ,  E-431,  Boston, 
Mass.  02203. 

59.  Harold  Putnam,  Regional  Director,  Region  I,  Boston, 
Mass.,  to  Hon.  Harvey  Johnson,  Chairman,  Maine  Advisory 
Committee,  Feb.  1,  1973,  Commission  files. 

-  28  - 

Despite  this,  when  Maine  Indian  Affairs  Commissioner 
John  Stevens  wrote  to  the  Regional  Director  on  a  list  of 
crucial  areas,  Stevens  had  to  wait  2  months  for  a  reply — 
which  promised  only  a  "review"  and  future  meeting. 60 
Commissioner  Stevens  asked  help  from  the  Regional  Office  in 
obtaining  the  following: 

1.  Indian  interns  for  the  Department  of  Indian 
Affairs  to  administer  and  oversee  health 
care  services  and  mental  health  programs 
for  Maine  Indians,  and  a  department  coor- 
dinator for  all  health,  education,  and 
welfare  programs. 

2.  Public  health  services  for  Maine  Indians. 
The  U.S.  Public  Health  Service  has  never 
made  Indian  Health  Service  available  to 
Maine  Indians. 

3.  Indian  day  care  and  foster  home  services 
so  Indian  children  will  not  be  forced  off- 
reservation  to  live  with  non-Indians. 

4.  The  utilization  of  existing  health  and 
medical  services  to  provide  a  doctor  and  a 
dentist  for  a  clinic  and  home  patient 

5.  Recruiting  of  para-medics,  para-profes- 
sionals, and  aides  to  train  and  advise 
Indian  people  in  the  absence  of  doctors. 

6.  The  use  of  the  Board  of  Governors  as 
recipients  of  planning  grants  for  compre- 
hensive planning.  (DHEW  planning  areas  have 
never  been  represented  by  Penobscot  or 
Passamaquoddy  people.) 

At  the  same  time,  DHEW' s  Region  I  Office  for  Civil  Riqhts 
reviewed  Maine's  Department  of  Health  and  Welfare  and 
Department  of  Mental  Health  and  Corrections .   The  review  was 
concerned  that  the  Department  of  Indian  Affairs  might  be 

60.   John  Stevens,  Commissioner,  Maine  Department  of  Indian 
Affairs,  to  Harold  Putnam,  DHEW,  Boston,  Mass.,  Dec.  18,  1972 
Mr.  Putnam's  reply,  dated  Feb.  23,1973,  stated,  "I  do  not 
recall  receiving  the  original  and  regret  whatever  caused 
tnis  delay  in  replying  to  you."   Commission  files. 

-  29  - 

used  by  these  and  other  State  agencies  for  avoiding  their 
responsibilities  to  Maine  Indians. °1 

Many  of  the  Federal  agencies  have  Indian  Desks  within 
their  organizations,  most  of  which  provide  information  and 
assist  in  policy,  although  several  also  have  funding 
responsibilities  such  as  those  in  0E0  and  EDA. 

The  Office  of  Indian  Affairs,  which  is  directly 
responsible  to  the  Secretary  of  DHEW,  was  represented  by 
its  director,  George  Clark,  at  the  Advisory  Committee's 
hearing.   The  Office  of  Indian  Affairs  reviews  legislation 
which  would  affect  Indian  health,  education,  and  welfare 
and  makes  recommendations  to  the  Secretary  of  DHEW.   It 
also  reviews  proposed  program  guidelines  and  new  programs 
proposed  for  Indians.   [Another  function  of  the  office, 
Mr.  Clark  said,  is  to  state  for  the  Administration  a 
position  on  the  relationships  between  Indian  tribes  and 
the  Federal  Government  for  the  "New  Federalism. "J  62 

The  Office  of  Indian  Affairs  is  also  in  a  position 
to  recommend  to  the  Secretary  that  eastern  Indians,  including 
Maine  Indians,  be  adequately  represented  on  advisory  boards 
within  DHEW  and  on  State  advisory  boards  which  receive  DHEW 
monies  for  health  and  other  services.   Mr.  Clark  said  his 
office  had  received  proposals  from  the  first  conference  of 
the  Coalition  of  Eastern  Native  Americans  and  that  he  was 
considering  them.   His  office,  he  said,  would  also  consider 
recommendations  from  the  Maine  Advisory  Committee  for  services 
to  Maine  Indians. 63 

61.  John  G.  Bynoe,  Regional  Civil  Rights  Director,  Office 
for  Civil  Rights,  DHEW,  in  HEW  Program  Statements  for  hearing 
on  Federal  and  State  services  and  the  Maine  Indian,  Feb.  7-8, 
1973.   Commission  files. 

62.  Bangor  Transcript,  Feb.  7,  1973,  pp.  87-96. 

63.  Ibid. ,  p.  89. 

-  30  - 

In  general,  the  Indian  Desks  assist  all  Indians,  not 
merely  the  federally  recognized  tribes.   It  appears  that 
the  services  provided  by  these  Indian  Desks  are  not  viewed 
as  specifically  within  the  framework  of  "Federal  Indian 
Services."   However,  Maine  Indians  charge  that  the  Indian 
Desks  are  predisposed  toward  serving  BIA-recognized  tribes. 

The  lack  of  employment  of  Maine  Indians  within  the 
framework  of  both  Federal  and  State  agencies  demonstrates 
another  barrier  to  the  awareness  of  Maine  Indian  problems 
and  programs  to  meet  their  needs. 

Many  problems,  several  overlapping,  are  illustrated  in 
the  following  sections.   The  Maine  Advisory  Committee 
explored  in  both  Federal  and  State  agencies  what  programs 
were  available  for  Maine  Indians,  what  programs  involved 
Maine  Indians,  and  if  programs  were  neither  available  nor 
involved  Indians,  why  not.   The  issue  of  services  is  complex 
and  frequently  interlocking,  but  the  maze  must  be  explored 
for  some  guidance  out  of  the  dilemma. 


A.   Economic  Deprivation  Among  Maine  Indians 

Throughout  its  informal,  public  hearings  the  Advisory 
Committee  was  told  of  the  dire  economic  conditions  of  both 
on-reservation  and  of f- reservation  Indians.   The  extent  of 
economic  deprivation  among  Indians  is  difficult  for 
citizens  to  comprehend  when  compared  with  the  usual  criteria 
for  assessing  depressed  areas. 

The  Unemployment  rate  among  Maine  Indians  is  so  high 
that  they  form  a  class  unequaled  in  Labor  Department 
statistics.   Among  reservation  Indians,  it  is  estimated 
that  unemployment  is  between  60  and  80  percent.   It  is  about 
60  percent  at  the  Penobscot  Reservation  because  local  shoe 
factories  which  have  been  a  source  of  employment  have  closed. 
It  has  always  been  about  70  percent  at  the  two  Passamaquoddy 
Reservations.   Among  off-reservation  Indians,  approximately 
50  percent  are  unemployed.   However,  among  the  50  percent 
of  Indians  who  are  employed,  about  half  have  only  seasonal 
employment.   It  would  be  safe  to  estimate,  therefore,  that 
the  unemployment  rate  among  Maine  Indians  is  about  65 
percent.   The  sub-employment  or  under-employment  rate  is 
incalculable . 64 

Several  Federal  programs,  which  are  the  major  source  of 
employment  for  Indians,  are  being  phased  out  and  sources  of 
refunding  are  uncertain.   Allen  Sockabasin,  Governor  of 
Dana  Point  Passamaquoddy  Reservation,  told  the  Advisory  Com- 
mittee that  at  Indian  Township,  61  workers  were  unemployed 
in  a  work  force  of  roughly  120.   Of  those  employed,  6  worked 
in  private  industry  and  47  were  employed  on  federally  funded 
jobs. 65   on  Indian  Island,  a  Penobscot  Reservation,  34  Indians 
worked  on  federally  funded  jobs. 66 

64.  Bangor  Transcript,  Feb.  7,  1973,  p.  7.   Staff  report, 
Harriet  H.  Price,  consultant,  U.S.  Commission  on  Civil  Rights 

65.  Bangor  Transcript,  Feb.  8,  1973,  pp.  206-211,  Allen 
Sockabasin,  Governor,  Dana  Point  Passamaquoddy  Reservation, 

Indian  Township,  Me. 

66.  Bangor  Transcript,  Feb.  8,  1973,  p.  210,  Nicholas  Dow, 
Chairman,  Penobscot  Tribal  Council,  Indian  Island,  Me. 

-  32  - 

Because  of  the  restructuring  of  Federal  agencies  and 
cutbacks  in  domestic  aid  programs,  the  future  is  in  doubt 
for  a  number  of  Federal  programs  which  have  benefitted 
Maine  Indians. 67   Indians  testified  that  they  had  benefitted 
from  Federal  programs,  and  expressed  concern  for  their  future 
if  these  programs  are  eliminated  or  transferred  to  other 
agencies. °8   They  also  alleged  that  they  are  denied  employ- 
ment because  they  are  Indian,  particularly  by  business  and 
industry  employers  in  the  areas  of  their  residence,  some  of 
whom  may  have  Federal  contracts  which  require  nondiscrim- 
ination. 69 

The  Advisory  Committee  was  told  that  Indians  have  had 
almost  no  success  in  obtaining  jobs  in  State  agencies,  even 
in  areas  where  they  make  up  a  significant  percentage  of  the 
population;  nor  were  they  represented  in  those  occupations 
which  require  only  minimal  qualifications."^ 

With  the  possible  exception  of  the  Maine  Department  of 
Mental  Health  and  Corrections,  Indians  make  up  less  than 
one-tenth  of  1  percent  of  State  employment.   The  Maine  State 
Personnel  Board  has  not  developed  affirmative  measures  to 
recruit  and  hire  Indians,  and  thereby  has  contributed  to 
the  critical  employment  problems  facing  Indians. 71 

67.  Bangor  Transcript,  Feb.  8,  1973,  pp.  116-118,  Phillip 
H.  Bartram,  Economic  Development  Administration,  U.S.  Dept. 
of  Commerce,  Augusta,  Me. 

68.  Ibid.,  Feb.  8,  1973,  pp.  198-200,  Eugene  Francis, 
Governor,  Pleasant  Point  Passamaquoddy  Reservation,  Perry,  Me. 

69.  Ibid.,  p.  343,  Sappier  testimony. 

70.  Bangor  Transcript,  Feb.  7,  1973,  p.  16. 

71.  Based  on  surveys  undertaken  by  the  Maine  Advisory  Com- 
mittee in  its  study  of  State  employment.   The  Governor's 
Executive  Order  2  4  (which  supersedes  Executive  Order  11  in 
force  at  the  time  of  the  Feb.  1973  hearings)  requires  State 
agencies  to  maintain  affirmative  action  programs  designed  to 
"increase  the  numbers  of  minorities  and  women  at  all  levels 
and  in  all  segments  of  the  work  force  where  imbalances 
exist."   (Article  I,  E.O.  24  FY  73-74,  Mar.  20,  1974). 

-  33  - 

In  questioning  Federal  agencies  on  their  employment 
practices  in  relation  to  Indians,  the  Advisory  Committee 
found,  with  the  exception  of  some  Indian  Desk  directors, 
that  Federal  agencies  employed  few  Indians.   Among  the 
Indians  who  were  employed  as  Indian  Specialists ,  only  one 
was  from  a  non-federally  recognized  tribe  east  of  the 
Mississippi . 

-  34  - 
B.   Indian  Testimony  on  Community  Development 

Richard  Hamilton,  director  of  the  Penobscot  Mainstream 
program  told  the  Advisory  Committee,  "Since  the  Anglo- 
European  invasion,  Maine  Indians  have  been  subjected  to 
continuous  and  unremitting  social  and  economic  injustices" '2 
To  compensate  for  some  of  these  injustices,  and  because 
the  established  community  action  agencies  were  not  meeting 
the  needs  of  Indians,  the  Passamaquoddy  Tribal  Council, 
the  Penobscot  Indian  Corporation,  and  the  Association  of 
Aroostook  Indians  have  sponsored  their  own  community  action 
programs.   These  organizations  have  been  responsible  for 
most  of  the  economic  and  community  development  that  has 
occurred  to  date  among  Maine  Indians.   Representatives  of 
the  various  Indian  community  action  efforts  described  for 
the  Advisory  Committee  some  of  the  problems  they  have 
encountered  and  some  of  the  problems  they  foresee. 

Eugene  Francis,  Passamaquoddy  Governor  and  co-director 
of  a  Limited  Purpose  Agency,  told  the  Advisory  Committee 
of  his  concern  over  the  dismantling  of  0E0: 

First  of  all,  I  would  like  to  talk  about  0E0 
funds  that  are  being  discontinued  for  the  State 
of  Maine... Now  this  money  which  is  being 
divided  to  HEW,  I'm  just  wondering  if  the 
Indian  Desk  of  HEW  in  Washington,  D.C.  will  have 
control  of  this  money,  and  if  so,  ...the  non- 
Federal  Indians  will  not  benefit  from  this 
money . 

...after  0E0  funds  have  been  discontinued, 
what  are  the  Tribal  leaders  going  to  do? 
Like  for  my  part  of  it,  I  benefit  by  getting 
paid  under  0E0  and  also  handling  two  jobs, 
as  Tribal  Governor  (and)  as  the  Co-Director 
of  the  Limited  Purpose  Agency. 7  3 

Robert  Newell,  director  of  the  Mainstream  program  at 
Indian  Township,  said  that  his  program  was  helpful,  but  the 
real  need  was  for  trained  Indian  leaders: 

72.  Bangor  Transcript,  Feb.  8,  1973,  p.  320 

73.  Bangor  Transcript,  Feb.  8,  1973,  p.  198 

-  35  - 

...I  think  that  programs  such  as  Mainstream 
are  beneficial  to  the  tribes,  but  I  don't 
think  they  offer  solutions.   I  think  that 
programs  such  as  Mainstream.  CAP  Communitv 
Action  Programs,  and  some  of  the  programs 
are  just  mainly  items  for  agencies  that 
just  cover  the  true  problems  that  exist. 
And  I  feel  that  the  Indians  are  being  kept  at 
a  certain  level.   If  the  State  agencies  and 
the  Federal  agencies  were  really  sincere  and 
really  dedicated  in  offering  solutions  to  the 
so-called  Indian  problems,  why  haven't  they 
come  across  and  offered  training  to  the  Indian 
leaders,  adequate  and  competent  training  to 
Indian  leaders?74 

Ruben  Cleaves,  director  of  the  Mainstream  program  at 
Pleasant  Point,  saw  the  problem  essentially  in  terms  of 
self-determination  for  Indians: 

I  define  community  development  as  a  need. 
Maine  Indian  people  desperately  need  more 
federally  funded,  State  funded  Indian  programs, 
more  technical  assistance,  and  most  of  all 
freedom  to  develop  Indian  culture.   An  Indian 
should  have  the  right  to  define  his  identity 
in  school,  research  Indian  history,  community 
development,  housing,  alcoholism.   Social 
problems  that  confront  the  Maine  Indians  should 
be  conducted  by  Indian  people.   Last  year  the 
United  States  Government  alone  dished  out  over 
$10  million  to  non-Indians  to  study  Indians. 
Not  one  single  dollar  went  to  an  Indian 
scholar. . . 75 

James  Sappier,  a  Penobscot  and  a  Ford  Fellow  engaged  in 
a  program  to  sensitize  Federal  agencies  in  Region  I  to  the 
real  needs  of  Maine  Indians,  described  the  problem  of  over- 
organization  of  Indian  communities,  without  any  real  economic 
benefits  being  derived: 

But  there  is  something  being  done  on  reservations 
in  that  we've  got  a  lot  of  volunteer  members,  we 
have  so  many  committees  and  commissions  and  task 
forces  and  planning  groups... now  these  [are]  non- 
paying  positions  in  a  low-income  area... 

74.  Bangor  Transcript,  Feb.  8,  1973,  p.  329. 

75.  Ibid.,  p.  335. 

-  36  - 

You  have  the  governing  council,  housing 
authorities,  school  committees,  economic 
development  boards,  the  division  of 
Indian  services,  human  relations  services, 
the  board  of  governors,  Save  the 
Children,  that's  a  new  one,  Penobscot 
Indian  Corporation,  25  board  members  there. 
Parish  Council,  St.  Ann's  Fidelity,  you've 
got  the  National  Indian  organizations  and 
committee  membership.   You've  got  census 
committees,  the  Vata  Council,  plus  a  few 
more  scholarship  committees,  the  Civil  Rights 
Commission  members  now,  other  commissions, 
task  forces.   You've  got  alcoholism  programs 
and  senior  citizens  and  whatever  else. 

The  thing  is,  you're  still  in  that  low- 
income  area,  and  you've  still  got  these 
people  not  getting  paid  to  be  here,  that's 
lost  income  and  wages... 76 

Deanna  Francis,  a  Mainstream  employee  and  a  worker  in  the 
field  of  alcoholism,  also  expressed  the  opinion  that  govern- 
ment programs  could  not  be  counted  on  to  meet  the  real  needs 
of  Indians.   She  saw  those  needs  as  essentially  the  necessity 
for  Indians  to  regain  group  and  individual  identity: 

I  will  first  speak  about  the  efforts  that 
have  been  made  by  the  teenagers  at  Indian 
Island  who  used  to  drink  constantly,  and  used 
to  take  drugs  as  well.   And  now  these  youna 
people  have  gathered  together  in  a  home  of 
an  old  woman  who  will  be  70  years  old  June  12... 
Nobody  knows  how  to  make  baskets.   She  has 
taught  the  youth  how  to  make  these  baskets ,  and 
is  teaching  the  youth  the  language  which  they 
no  longer  have,  and  they  are  learning  this 
language.   She  has  taught  the  youth  to  be  proud 
to  sing  their  songs,  which  they  are  singing  now. 
She  has  got  the  youth  not  to  drink  and  not  to  take 
drugs  at  all. 77 

76.  Bangor  Transcript,  Feb.  8,  1973,  pp.  341-342 

77.  Ibid. ,  pp.  324-325. 

-  37  - 

Ms.  Francis  also  spoke  of  the  grown-ups,  and  what  had 
happened  to  them: 

But  how  about  our  grown-ups?   And  our  grown- 
ups are  hard  core  alcoholics...  All  these 
people  are  well-versed,  all  these  alcoholics 
are  the  ones  who  are  well-versed  in  the  Indian 
songs,  these  alcoholics  are  well-versed  in 
legends,  these  alcoholics  know  the  language  so 
well  that  if  they  really  speak  it,  there's  so 
many  words  you  wouldn't  understand,  for  these 
words  aren't  used  any  more... these  are  people 
with  feeling,  and  they  have  feelings  of  anger, 
they  have  feelings  of  frustration,  there  are 
feelings  of  hate,  because  of  all  the  dominance 
that  has  been  put  upon  these  people  by  the 
government  and  by  the  church... 

I  don't  believe  the  government  is  going  to 
give  us  anything  so  we  can  have  these  halfway 
houses  and  make  our  people  strong,  because  I 
believe  the  government  is  going  to  keep  us  down. 78 

Richard  Hamilton,  referred  to  previously,  described  one 
Indian  organization  which  is  attempting  to  establish  its 
own  form  of  reservation  development,  the  Penobscot  Indian 

It  is  a  private,  non-profit  corporation  made 
up  of  a  25  member  cross  section  of  the  Penobscot 
Tribe.   It  was  formed  in  March  19  70  to  foster 
economic  growth  on  the  reservation.   It  will 
promote,  sponsor,  and  assist  Indian-owned  and 
operated  small  business  concerns.   The  corpor- 
ation's fundamental  policy  is  that  control  of 
Indian  development  belongs  in  the  hands  of 
Indians.   Success  will  come  by  combining  non- 
Indian  skills  and  techniques  with  Indian  talents 
and  resources  which  will  generate  a  productive 
society  through  Indian  ideals  and  ideas. ^9 

78.  Bangor  Transcript,  Feb.  8,  1973,  pp.  326-328. 

79.  Ibid.,  p.  323. 

-  38  - 

The  Penobscot  Indian  Corporation  is  an  excellent  example 
of  the  determination  of  Maine  Indians  to  organize  in  their 
behalf,  to  determine  their  own  destiny,  and  to  foster  economic 
development  among  their  people.   However,  the  Penobscot  Indian 
Corporation,  like  other  self-help  efforts  of  Maine  Indians, 
is  in  desperate  need  of  funds  to  accomplish  its  goals. 

-  39  - 

C.   Federal  Development  Efforts 

After  a  period  of  approximately  200  years  of 
inactivity,  some  Federal  agencies  have  begun  to  take  an 
interest  in  the  economic  and  community  development  of  Maine 
Indians.   However,  in  some  instances  as  the  funds  are 
dispersed  to  local  agencies,  there  is  a  question  whether 
Indian  needs  are  being  met. 

Phillip  H.  Bartram,  economic  development  representative 
for  the  Economic  Development  Administration  (EDA) ,  told  the 
Advisory  Committee  of  grants  made  in  1968  and  1970: 

We  did  some  water  and  sewer  business  down 
in  the  Passamaquoddy  (Reservation)  at 
Pleasant  Point  in  1968  for  $254,000.   The' 
Princeton  (Reservation)  water  district,  and 
sewer  and  treatment  collection  in  196  8, 
$150,000.   The  Passamaquoddy  sewer  collection 
and  water  distribution  in  1970,  $413,000. 
Pleasant  Point  sewer  treatment  in  1968  for 
$30,00  0,  was  a  supplement,  and  economic 
development. .. and  technical  assistance  studies 
For  $13,000.80 

Mr.  Bartram  said  thab  several  other  grants  for  1973 
funding  were  pending  in  the  regional  office  of  EDA  in 
Philadelphia  or  in  Washington: 

...Pleasant  Point,  Passamaquoddy  Community 
Building,  which  we  are  supplementing  along 
with  HUD,  $118,000  EDA  funds,  and  another 
neighborhood  facility  building  for  the 
Penobscot  Tribe,  for  $118,000  (supplementing 
a  HUD  grant) .81 

Mr.  Bartram  told  the  Advisory  Committee  that  another 
grant  pending  for  $32,000  would  provide  for  the  employment 
of  an  economic  developer,  "an  Indian  himself,"  for  the 

80.  Bangor  Transcript,  Feb.  8,  1973,  p.  106. 

81.  Ibid.,  p.  107.   Both  grants  were  subsequently  approved 
June  30,  1973;  construction  has  been  delayed  due  to  legal 
complications  involving  land  titles,  easements,  etc. 
(Phillip  H.  Bartram,  EDA  regional  office,  Augusta,  Me., 
telephone  interview,  Oct.  15,  1974.) 

-  40  - 

Passamaquoddy  and  Penobscot  Tribes.82  Also  pending  was 
a  supplemental  grant  of  $4,000  for  the  Penobscot  sewage 
treatment  plan,  and  a  supplemental  grant  of  $50,900  for 
the  Penobscot  water  and  sewer  plan.  The  U.  S,  Department 
of  Housing  and  Urban  Development  (HUD)  and  the  Environmental 
Protection  Agency  (EPA)  were  participating  in  these  two 
projects. S3 

Finally,  Mr.  Bartram  told  the  Advisory  Committee  of 
a  pending  technical  assistance  grant  to  assist  a  Passamaquoddy 
Basket  Cooperative.   This  grant,  $36,000,  would  provide  a 
manager  for  the  cooperative.   The  manager  will  train  Indians 
at  Princeton  and  Pleasant  Point  "to  take  over  eventually." 
The  project  had  been  started  by  the  Small  Business  Admini- 
stration (SBA) ,  but  the  agency  ran  out  of  funds,   Mr.  Bartram 

We'll  have  a  store  set  up  probably  in  Calais 
where  they  will  have  an  office  and  store  to 
market  their  wares...  and  set  up  a  bookkeeping 
program  that  actually  supplements  them  in 
business . 84 

Director  of  the  Eastern  Maine  Development  District  James 
Coffey  explained  the  relationship  of  his  agency  to  EDA: 

82.   Ibid.,  The  grant  was  approved  Mar.  26,  1973,  and 
Andrew  Akins  of  the  Penobscot  Tribe  was  employed  as  the 
economic  developer;  the  grant  has  been  renewed  for  FY  1975 
and  increased.   (Bartram  interview). 

83.  Bangor  Transcript,  Feb.  8,  1973,  p.  107.   Both  grants 
were  awarded  June  30,  1973;  the  Penobscot  sewage  treatment 
plant  was  funded  at  $66,000  plus  $4,000  for  engineering 
studies.   Land  clearance  and  title  problems  are  delaying 
construction,  however.   (Bartram  interview) 

84.  Ibid.,  p.  108.   The  grant  was  made  June  30,  1973,  and 
the  basket  cooperative  is  now  operating.   Under  consideration 
for  new  funding  at  present  are  several  proposals  developed 

by  Andrew  Akins  under  the  previous  EDA  grants  .   These  pro- 
posals include  an  arts  and  crafts  museum  at  Pleasant  Point, 
renovation  of  a  basket  cooperative  at  Princeton,  renovation 
of  a  campground  at  Peter  Dana  Point  to  induce  tourism,  a 
canoe  tour  among  islands  on  the  Penobscot  River  at  Old  Town. 
(Bartram  interview) 

-  41  - 

. . . the  role  we  play  in  putting  these  projects 
together  for  Federal  funding  is  that  we  act 
as  broker.   We  work  with  the  community  in 
preparing  the  necessary  Federal  forms  in  order 
to  secure  a  grant. 85 

Mr.  Coffey  explained  that  his  agency,  which  is  funded  by 
EDA  and  the  six  counties  which  it  serves  on  a  matching 
basis  (the  EDA  grant  was  approximately  $53,000),  provides 
staff  and  technical  assistance  for  the  planning  of  economic 
development  projects  in  the  target  area.   Each  of  the  six 
counties,  Mr.  Coffey  explained,  has  been  certified  by  the 
U.  S,  Department  of  Labor  as  a  depressed  area.   In  the  fall 
of  1972,  at  the  time  of  the  advisory  Committee's  hearing, 
there  were  no  Indians  on  the  board  of  directors  of  the 
Eastern  Maine  Development  District. 86   James  Barresi, 
executive  director  of  the  Northern  Maine  Regional  Planning 
Commission,  did  not  appear  before  the  Committee.   He  did, 
however,  send  copies  of  the  Planning  Commission's  personnel 
policies  and  its  certification  of  compliance  with  EDA 
Directive  7.06  (nondiscrimination)  which  stated: 

No  members  of  minorities,  qualified  or 
unqualified,  have  applied  for  openings 
in  the  past  and  the  Northern  Maine 
Regional  Planning  Commission  has  not 
considered  such  representation  important 
enough  to  make  a  special  effort  to 
attract  minority  applicants . 87 

The  programs  funded  by  EDA  provide  the  basic  facilities 
needed  to  start  available  development  projects  on  the 
reservations.   However,  these  projects  will  not  increase 
significantly  the  number  of  jobs  on  the  reservations.   Further- 
more, since  EDA  by  law  cannot  fund  profit-making  enterprises, 
they  will  not  assist  Indians  to  become  entrepreneurs.   Since 
EDA  programs  are  not  available  to  off-reservation  Indians ,  the 
Association  of  Aroostook  Indians  will  not  benefit  from  these 
development  projects. 

85.   Ibid. ,  p.   110. 

86.  Following  the  hearings,  Allen  Sockabasin,  an  Indian 
member  of  the  Committee,  was  appointed  to  the  Board  of 
Directors  of  the  Eastern  Maine  Development  District. 

87.  As  submitted  to  the  Advisory  Committee.   Commission  files 

-  42  - 

Roy  Fleischer,  chief  of  Rural  Operations  in  the 
Boston  Regional  Office  of  0E0  told  the  Advisory  Committee 
of  assistance  rendered  to  Maine  Indians  by  his  agency: 

During  the  past  12  months  the  regional  office 
has  made  a  number  of  grants  for  work  on  the 
behalf  of  low-income  Indians  living  in  Maine. 
The  first  grant  was  to  the  Passamaquoddy  Tribal 
Council  in  the  amount  of  $100,000,  covering 
the  period  September  1,  1972  to  August  31,  1973 , 
primarily  for  economic  development  planning. 
Other  grants  were  made  to  the  Penobscot  Indian 
Corporation  in  the  amount  of  $25,000,  the 
period  covering  April  1,  1972  through  June  30, 
1973,  for  general  program  development.   And 
the  third,  the  Association  of  Aroostook  Indians 
in  the  amount  $15,000  covering  the  period 
December  1,  1972  through  August  31,  1973.   The 
grant  is  intended  to  allow  the  Association  to 
continue  its  program  development  work,  originally 
initiated  under  the  provisions  of  earlier  OEO 
alcoholism  grants  (which  were  later  transferred 
to  DHEW) . 8  8 

Mr.  Fleischer  said  that  all  OEO  Indian  programs  in  Maine 
are  funded  by  the  Regional  Office  to  the  Passamaquoddy  Tribal 
Council,  which  in  turn  delegates  the  funds  to  both  the 
Penobscot  Indian  Corporation  and  the  Association  of  Aroostook 
Indians.   In  addition,  OEO  funds  Pine  Tree  Legal  Services 
which  provides  legal  assistance  to  Indians  in  Maine. 89 

In  a  written  statement  to  the  Advisory  Committee,  Herbert 
Sperry,  director  of  the  Maine  Division  of  Economic  Opportunity 

This  agency... is  funded  by  the  Federal  Office 
of  Economic  Opportunity  to  provide  technical 
assistance  to  OEO  grantees  and  other  low-income 
groups.   The  Division  has  few  programmatic 
responsibilities  and  its  professional  staff  are 
used  as  technical  assistance  and  program 
planning  resources. 

88.  Bangor  Transcript,  Feb.  8,  1973,  pp.  47-48. 

89.  Ibid. ,  p.  48. 

-  43 

Our  assistance  to  the  Passamaquoddy  Tribal 
Council  (an  0E0  grantee)  and  the  Association 
if  Aroostook  Indians  (a  delegate  agency  of 
the  Passamaquoddy  Tribal  Council)  has 
included  review  and  comment  on  grant  appli- 
cations and  the  assigning  of  VISTA  Volunteers 
to  work  with  both  groups.   In  addition, 
volunteers  have  also  been  assigned  in  the  past 
to  the  Penobscot  Reservation  at  Indian  Island. 

I  would  submit  that  the  technical  assistance 
personnel  from  this  agency  have  been  under- 
utilized by  all  three  of  the  above  mentioned 
groups . 90 

Mr.  Fleischer  indicated  that  "Indians  living  anywhere 
in  the  State  who  are  within  the  OEO  guidelines  are  eligible 
to  participate  in  programs  operated  with  OEO  support  by 
the  13  community  action  agencies  which  cover  the  entire 
State. "91   Testimony  from  Indians,  however,  raised  serious 
questions  concerning  their  participation  in  and  benefits 
from  local  community  action  agencies. 

The  following  exchanged  occurred  between  Indian  Advisory 
Committee  member  Allen  Sockabasin  and  Henry  N.  Paradis , 
representing  the  Maine  Division  of  Economic  Opportunity: 

Mr.  Sockabasin:   What  I'm  asking  is  how 
much  input  do  the  Indian  people  have,  such 
as  in  Washington  County  and  Hancock  County, 
(in)  the  Community  Action  Program? 

Mr.  Paradis:   I  would  not  be  able  to  answer 
that,  I  wouldn't  know. 92 

Later  anGther  member  of  the  Advisory  Committee  questioned 
Harold  Higgins,  executive  director  of  the  Penquis  Community 
Action  Program,  on  the  same  point: 

90.  Bangor  Transcript,  Feb.  8,  1973,  pp.  46-47.   Read  to 
the  Advisory  Committee  by  Mr.  Sperry's  representative,  Henry 
N.  Paradis,  State  Manpower  Coordinator. 

91.  Ibid.,  Feb.  8,  1973,  p.  48. 

92.  Ibid.,  Feb.  8,  1973,  p.  59. 

-  44  - 

Mr.  Buesing:   Do  you  have  any  Indian  employees 
in  your  area? 

Mr.  Higgins :   I'm  not  sure. 

Mr.  Buesing:   Could  you  find  out  for  us? 

Mr.  Higgins:   Yes.   I  may  not  have  that 
information  either  because  i  may  not  know 
from  an  application  for  employment  whether 
that  individual  is  or  is  not  Indian. 

Mr.  Buesing:   Are  there  any  reservation  or 
off-reservation  Indians  on  any  boards ,  advisory 
committees  of  your  aqencv? 

Mr.  Higgins:   Not  to  my  knowledge 


Representatives  of  the  Aroostook  County  Community  Action 
Program,  in  which  area  members  of  the  Association  of 
Aroostook  Indians  reside,  and  the  Washington/Hancock  Com- 
munity Action  Program,  in  which  area  Passamaquoddy  Indians 
reside,  did  not  respond  to  the  Advisory  Committee's  invita- 
tion to  participate  in  the  informal  hearing  nor  did  they 
submit  a  statement. 

The  Advisory  Committee  was  told  that  the  four  Indian 
tribes  in  Maine  initiated  their  own  limited  purpose  agencies 
(which  are  similar  to  community  action  agencies)  to  receive 
funds  from  0E0  because  they  did  not  have  input  into  local 
community  action  agencies  and  received  minimal  services  from 

0E0 ' s  National  Indian  Desk  in  Washington,  D.C.  did  not 
send  a  representative  to  the  open  hearing,  nor  submit  a 
statement  describing  the  programs  for  which  Maine  Indians 
may  or  may  not  be  eligible.   Since  the  future  of  the  Office 
of  Economic  Opportunity  is  in  serious  question,  it  is  uncer- 
tain whether  0E0  programs  for  Maine  Indians  will  continue 
to  receive  funds . 

93.   Bangor  Transcript,  Feb.  8,  1973,  pp.  63-64. 

-  45  - 


1.  That  when  OEO  funds  are  transferred  to  DHEW,  the 
funding  of  Indian  Community  Action  Programs  be 
continued  without  interruption. 

2.  That  EDA  Indian  funds  not  be  transferred  to  BIA: 
and,  if  they  are,  that  Maine  Indians  continue 
eligibility  for  public  works  and  planning  grants. 

3.  That  Federal  and  State  laws  and  policies  requiring 
nondiscrimination  in  employment  be  strictly 
enforced  in  Maine  with  respect  to  both  public 

and  private  employers . 

4.  That  Federal  agencies  in  Region  I  request  from 
their  Washington  headquarters  special  funds 
designated  for  Indian  programs  and  services. 

5.  That  State  planning  boards  and  commissions,  and 
advisory  committees,  in  the  field  of  economic 
development  insure  that  Indians  are  represented 
on  such  bodies. 

6.  That  no  Federal,  federally  assisted  or  State 
program  for  economic  and  community  development, 
designed  in  whole  or  in  part  for  Indians,  be 
carried  out  without  the  approval  of  Indians  and 
the  active  participation  of  Indians  in  the 
development  of  the  program:' 

-  46  - 

A.   The  Indian  Housing  Situation 

Indian  housing  throughout  the  State  is  generally 
very  poor.   Although  there  is  potential  for  improving 
housing  on-reservation,  many  Federal  and  private  programs 
are  seriously  hampered  by  the  restrictions  the  State  has 
placed  on  Indian  land  titles.9^   Off-reservation  there 
does  not  appear  to  be  any  clear-cut  way  to  improve  Indian 

George  Stevens,  Chairman  of  the  Indian  Township  Housing  Authority, 
told  the  Advisory  Committee: 

As  you  go  to  the  reservations  the  houses 
are  substandard  fire  hazards  that  are 
crowded.   It's  hard  for  their  children  to 
do  their  homework  in  a  house  that's  so  crowded. 
There  were  State  houses  built  about  14 
years  ago  on  both  (Passamaquoddy)  reservations, 
yet  they  (the  State  of  Maine)  couldn't  find 
a  house  they  could  license  (for  the  place- 
ment of  foster  children)  and  they  built  the 
houses  themselves  14  years  ago.9* 

Few  Indian  families  own  their  own  homes  off-reservation, 
and  many  have  to  depend  on  a  tight  rental  market  where 
prices  are  often  beyond  their  means.   Thomas  Battiste,  a 
board  member  of  the  Association  of  Aroostook  Indians,  stated 

Housing  to  us  is  the  most  critical  problem, 
and  also  the  most  frustrating  problem  we  have. 
Most  of  the  six  hundred  to  eight  hundred 
Indians  that  live  up  there  (in  Aroostook 
County)  live  in  substandard  housing  or  live  in 
picker  shacks,  migrant  shacks,  no  running 
water,  outhouses,  the  whole  bit. . .Because  of 

94.  Stephen  Minichuk,  Chief  Attorney,  Togus  Office, 
Veterans  Administration,  memorandum  to  loan  guaranty  officer, 
Apr.  30,  1971,  setting  forth  VA  policy  on  loans  for  property 
on  Indian  reservations.   Commission  files. 

95.  Bangor  Transcript,  Feb.  8,  1973,  p.  292. 

-  47  - 

the  substandard  conditions,  there  have 
been  three  deaths  as  a  result  of  the 
substandard  housing.   One  guy  threw 
some  white  gas  on  a  wood  stove  and 
couldn't  get  out  of  there,  I  guess 
the  door  was  locked.   Another  one,  a 
woman,  was  living  in  a  tent  where 
she  had  for  her  cooking  area  just 
a  fire  on  the  outside  of  the  tent,  and 
the  tent  caught  on  fire.   She  couldn't 
get  out,  and  her  husband  was  badly 
burned.   It's  a  common  occurrence.   You 
see  maybe  two  families  in  one  of  these 
shacks,  12  or  13  people  in  one  of  these 
shacks,  maybe  sometimes  two  rooms.   The 
only  heat  they  have  is  probably  a  wood 
stove,  tar  paper,  that  sort  of  thing, 
tar  paper  on  the  outside. 

Just  last  summer,  last  fall,  I  saw 
that  a  guy  lived  in  a  lean-to  up  in  Mars 
Hill.... He  was  living  right  by  the  dump... 
The  guy's  whole  life,  his  possessions 
were  right  there  in  the  lean-to,  and  he 
didn't  have  anywhere  else  to  go.   There 
was  no  house  for  him,  no  apartment,  he 
couldn't  go  anywhere.   That  was  it. 96 

In  1971  Maine's  Department  of  Indian  Affairs  surveyed 
the  off-reservation  Indian  population  under  a  grant  from  the 
U.S.  Department  of  Housing  and  Urban  Development  (HUD).   The 
surveyors  reported:   "We  determined  that  33.9  percent  of 
the  housing  was  in  the  'good'  category,  2  0.62  percent  in  the 
'fair'  category,  and  a  high  45.48  percent  in  the  'poor' 
category."   In  Washington  and  Aroostook  Counties,  where  about 
half  of  the  off-reservation  Indian  population  lives,  the 
surveyors  found  the  percentage  of  poor  housing  higher  than 
the  statewide  average.   In  Washington  County,  6  0  percent  of 
the  off-reservation  housing  was  classified  as  poor;  in 
Aroostook  County,  51.04  percent  was  considered  poor;  in 
Penobscot  County,  where  17.54  percent  of  the  off-reservation 
Indian  population  lives,  the  proportion  of  housing  in  the 

96.   Bangor  Transcript,  Feb.  8,  1973,  pp.  293-294. 

-  48  - 

poor  category  was  approximately  43  percent.  ' 

The  survey  described  poor  housing: 

Poor  housing  conditions  are  more  easily 
described  because  of  their  lack  of  most 
everything.   This  type  of  housing  usually 
consists  of  rundown  old  houses,  old  camps, 
or  decrepit  apartment  buildings.   A 
general  description  of  our  classifi- 
cation of  these  conditions  is  as  follows: 

The  exterior  of  the  house  consists  of 
rough  boards  or  logs .   They  are  sometimes 
covered  with  roll  asphalt  paper  or  novelty 
siding.   The  interior  has  a  crude  rough 
finish  with  no  ceiling  tiles,  and  no  cabinets 
or  closet  space.   The  floors  are  usually 
soft  wood  with  no  covering.   Heating  is  by 
stoves  or  even  fireplaces.   There  is  either 
a  single  cold  water  faucet  or  pump  by  the 
kitchen  sink  or  no  running  water  at  all. 
Lighting  the  facility  is  either  done  by 
gas  lamps  or  a  single  electric  light. 98 

97.  Allen  G.  Sockabasin  and  John  G.  Stone,  consultants, 
"Off-Reservation  Indian  Survey  ME  P-74,"  Maine  Department 
of  Indian  Affairs  (CPA-HUD  Special  Project  No.  Maine  P-74) , 
Aug.  3,  1971,  p.  37.   Commission  files. 

98.  Ibid,  p.  36. 

-  49  - 

B .   The  Potential  for  Improving  Reservation  Housing 

Tribal  leaders  have  been  trying  to  improve  housing 
conditions  on  reservation  for  many  years.   Eugene  Francis, 
Governor  of  the  Pleasant  Point  Passamaquoddy  Reservation 
and  a  former  member  of  the  Pleasant  Point  Housing  Authority, 
described  an  attempt  to  acquire  Federal  housing  funds 
during  the  1950's: 

Health  and  Welfare  built  several  buildings  on 
the  reservation  under  our  own  trust  funds . 
And  before  the  Housing  Authority  was  ever 
created,  Health  and  Welfare  was  the  Depart- 
ment of  Indian  Affairs  at  the  time,  that  they 

were  going  to  try  to  solicit  some  money  from 
the  Federal  Government   and  they  were 
unsuccessful  for  the  simple  reason,  to 
get  the  Federal  funds  from  the  Federal 
Government,  you've  got  to  have  a  non- 
profit organization  to  get  those  funds 
and  Health  and  Welfare,  I  guess,  didn't 
consider  this  a  non-profit  organization . 99 

In  1967  after  the  creation  of  the  Maine  Department  of 
Indian  Affairs,  the  State  enacted  legislation  enabling  the 
creation  of  a  housing  authority  on  each  reservation. 
Francis  Sappier,  member  of  the  Pleasant  Point  Housing 
Authority  and  former  coordinator  of  housing  for  the 
Passamaquoddy  Tribal  Council's  Community  Action  Program, 
described  the  progress  made  at  Pleasant  Point: 

So  we  got  together  with  the  officials  in  the 
State,  in  Augusta,  the  Department  of  Indian 
Affairs,  and  they  thought  that  they  would  try 
to  coordinate  a  housing  authority  because  we 
had  a  Commissioner  that  used  to  be  the  Federal 
Government  projects,  and  he  came  from  out  of 
State  so,  and  his  name  was  Ed  Hinckley.   So 
him  and  I  in  turn  went  to  the  Governor  and 
we  asked  him  about  how  to  organize  a  housing 
authority.   He  told  us,  and  then  we  went  back  to 
the  legislature  the  following  year  to  create  this 
housing  authority.   So  the  people  on  both  reser- 
vations, Pleasant  Point  and  Peter  Dana  Point, 

99.   Bangor  Transcript,  Feb.  8,  1973,  pp.  301-302 

-  50  - 

agreed  that  they  needed  a  housing  authority.... 
This  is  how  the  housing  authority  got  created. 
And  we've  had  pretty  good  success  so  far.... 

The  first  thing  that  we  found  out  was  that  we 
had  to  get  water  and  sewage,  so  we  made  appli- 
cations out  for  the  water  and  sewage .   So  we 
had  to  write  letters  all  over  the  State  to 
get  these  little  organizations  to  support  us. 
So  we  did  that,  then  we  had  to  get  a  grant 
from  EDA  and  FWPCA,  that's  another  two  Federal 
organizations.   And  that  way  we  got  our  water 
and  our  sewage. 

It's  been  about  4  years  that  we  been  working 
on  housing. . .We  got  bounced  around  here  and 
there.   Last  year  I  think  it  was,  we  finished 
water  and  sewage.   That  took  a  couple  years. 
There  was  about  a  million  dollars  involved 
in  the  two  reservations.   We  worked  together, 
Peter  Dana  Point  and  Pleasant  Point.   There's 
that  gap  between  us,  50  miles  separating  us. 
And  coming  into  the  spring,  we  want  to  start 
building.. .100 

The  results  of  years  of  hard  work  and  cooperation  be- 
tween the  three  reservation  housing  authorities,  the  Maine 
Department  of  Indian  Affairs,  HUD  and  other  Federal  agencies 
were  well  illustrated  in  the  statement  of  HUD  Region  I 
Administrator  James  J.  Barry  which  was  read  to  the  Maine 
Advisory  Committee  by  Sirrouko  Howard,  Assistant  Regional 
Administrator : 

Over  the  past  12  months  we  have  funded  housing, 
water  and  sewer,  and  Neighborhood  Facilities 
programs  to  a  total  of  $4  million  on  the  two 
Passamaquoddy  Reservations  located  at  Indian 
Township  and  Pleasant  Point  and  the  Penobscot 
Reservation  at  Indian  Island  An  additional 
§600,000  may  be  forthcoming  for  the  housing 
programs.   The  cost  breakdown  according  to 
location  and  status  of  project  is  as  follows: 

100.   Bangor  Transcript,  Feb.  8,  1973,  pp.  298-300 

-  51  - 

Passamaquoddy  Tribe 

Pleasant  Point: 

(a)  Housing/Mutual  Help  -  home-     $1.3  million 
ownership  (45  units  to  be 

contructed  this  spring) 

(b)  Neighborhood  Facilities  -       $352,800 
75  percent  grant 

(c)  Water  and  Sewer  (To  be  $300,900 
constructed  this  spring) 

Indian  Township: 

(a)  Housing/Mutual  Help  -  home-     $827,000 
ownership  (25  units  to  be 
constructed  this  soring) 

(b)  Water  and  Sewer  -  90  per-       $262,100 
cent  grant  (To  be  construc- 
ted this  spring) 

Penobscot  Tribe: 

Ta5   Water  and  Sewer  -  90  per-       $548,500 

cent  grant  (Awaiting  EPA 

(b)   Neighborhood  Facility  -  75      $352,800 

percent  grant 

In  addition  a  701  Planning  Grant  of  $6,000  has 
been  awarded  to  the  Penobscot  Tribe  through 
the  Maine  State  Planning  Commission. 101 

It  is  important  to  note  that  Mr.  Barry's  letter  does  not 
list  any  new  housing  starts  for  the  Penobscot  Reservation. 
Erlene  Paul,  acting  director  of  the  Penobscot  Housing 
Authority,  told  the  Advisory  Committee,  "The  Department  of 
Housing  and  Urban  Development  has  reserved  35  new  units  and 
5  rehab  units  for  us."1^   Edward  Bernard  of  HUD's  Manchester 
area  office  explained,  however,  that  the  President's  18-month 

101.   Bangor  Transcript,  Feb.  8,  1973,  pp.  4-5.   The  prepared 
statement  contains  additional  details  not  read  into  the 
transcript.   Commission  files. 



p.  297. 

-  52  - 

moratorium  on  new  housing  starts  applied  to  the  Penobscots: 
"The  Penobscot  tribe  has  a  preliminary  contract. . .you  don't 
have  an  annual  contributions  contract,  so  the  freeze  covers 
anything  that  is  not  under  an  annual  contributions  contract, 
for  all  central  funded  programs . "103 

103.   Bangor  Transcript,  Feb.  8,  1973,  p.  13. 

-  53  - 

C.   The  Off-Reservation  Housing  Dilemma 

In  his  statement  to  the  Maine  Advisory  Committee,  James 
J.  Barry,  HUD  Region  I  Administrator,  wrote: 

Since  most  of  our  programs  must  be  applied 
for  through  or  with  concurrence  of  the  local 
governing  body  or  through  a  local  housing 
authority,  such  independent,  off-reservation 
groups  as  the  Association  of  Aroostook 
Indians  (AAI)  are  not  eligible  for  many 
grants  even  if  they  are  serving  a  significant 
number  of  Indians.   An  act  of  Congress  is 
required  to  change  this. 104 

HUD  personnel  testifying  before  the  Advisory  Committee 
provided  no  evidence  that  HUD  had  a  consistent  policy  to 
ensure  minority  involvement  in  local  housing  authorities  or 
their  projects.   Minority  representation  on  local  housing 
authorities,  they  stated,  is  in  no  way  required.   When 
asked  what  HUD  policy  was  on  this  matter,  specifically  in 
those  areas  where  Indians  make  up  a  significant  percentage 
of  the  population  and  there  is  a  housing  authority, 
Mr.  Bernard  stated: 

I  think  we  extend  every  effort  to  encourage 
meetings  with  the  housing  authority  to 
obtain  minority  representation  in  that  case. 
I  just  can't  think  though  of  an  area  off- 
reservation,  I  just  can't  think  of  an  area 
that  has  a  significant  number.  105 

Leaving  the  problems  of  Indian  housing  off-reservation 
to  local  non-Indian  housing  authorities,  however,  has 
provided  no  solution  to  the  crisis  in  off-reservation 
Indian  housing.   Of  2,158  conventional  housing  units  and 
507  leased  housing  units  subsidized  by  the  U.S.  Department 
of  Housing  and  Urban  Development  and  constructed  under 
local  housing  authorities,  a  total  of  3  units  are  occupied 

104.  Bangor  Transcript,  Feb.  8,  1973,  p.  6, 

105.  Ibid.,  p.  20. 

-  54  - 

by  Indians  —  two  in  Bangor  and  one  in  Presque  Isle.   And 
of  88  local  housing  authority  employees,  none  are 
Indians. 1^6   Mr.  Thomas  Battiste,  who  has  worked  with  the 
Association  of  Aroostook  Indians,  attributed  the  crisis  in 
off-reservation  housing  partly  to  insensitive  local  housing 
authorities : 

But  the  thing  is,  why  is  this  situation? 
We  live  in  21  separate  communities  up 
there,  and  we  have  to  deal  with  the  local 
housing  authorities,  if  they  do  have  housing 
authorities,  the  majority  of  these  com- 
munities do  not.   And  you  know  it's  kind  of 
hard  to  buck  the  system  again.   The  attitude 
of  people  in  charge,  it's  kind  of  hard. 107 

The  only  agency  that  has  made  a  consistent  effort  to 
improve  off-reservation  Indian  housing  has  been  the  Associa- 
tion of  Aroostook  Indians.   Mr.  Battiste  described  some  of 
these  efforts: 

We  started  inquiring  around  and  was  able  to 
get  four  dilapidated  trailers ...  from  Acadia 
National  Park.   These  trailers  were  about 
2  8  by  8,  maybe  20  by  8,  I  guess;  they  had  no 
windows  in  them;  the  doors  were  banged  up; 
and  the  purchase  orders  we  got  from  the 
Interior  Department  stated  that  they  were 
eyesores.   But  we  took  them  because  they 
are  a  lot  better  than  the  lean-to  or  any  tent. 
We  could  have  fixed  them  up,  maybe  put  a  stove 
in.   They  would  have  at  least  kept  the  water 
out...   The  problem  we  had  up  at  Houlton  and 
at  Mars  Hill,  after  we  got  them  up  there, 
there  was  no  land  to  set  them  on.   We  inquired 
around  and  tried  to  find  an  old  back  field  that 
we  could  put  these  trailers  on  and  nobody  would 
come  around  and  donate  the  land  or  anything 
like  that. 

106.  Sirrouko  Howard,  Assistant  Regional  Administrator 
for  Housing  Management,  Region  I,  HUD,  Boston,  Mass.,  to 
Harvey  Johnson,  Chairman,  Maine  Advisory  Committee,  Apr.  5, 
1973.   "Local  Housing  Authorities  in  the  State  of  Maine," 
Commission  Files. 

107.  Bangor  Transcript,  Feb.  8,  1973,  p.  295. 

-  55  - 

Finally,  we  did  find  a  spot... It  was  a 
mile,  2  miles  back  in  the  woods.   It 
would  have  been  just  impossible  to  live 
there  because  winters  up  there  are  really 
a  problem. 108 

Mr.  Battiste  also  described  the  long  relationship  of 
the  Association  of  Aroostook  Indians  with  the  Maine  Housing 
Authority  and  with  HUD  which  eventually  brought  about  the 
awarding  of  25  leased-rental  units  to  the  town  of  Houlton. 
Seven  of  these  units  were  to  be  set  aside  for  Indians: 

In  Houlton,  with  our  efforts,  3  years  of 
efforts,  I  guess,  that  we've  been  down  in 
Augusta,  going  back  and  forth,  and  hounding 
the  Maine  Housing  Authority.   With  the  help 
of  HUD  in  Manchester,  they  finally  got  around 
to  granting  some  low-income  housing  up  in 
Houlton,  which  we  got  a  commitment  of  seven 
units.   But  seven  is  not  going  to  solve  the 
problem  there.   On  the  State  level,  like  I 
said,  it  took  3  years  for  them  to  come  across 


After  all  this  effort,  Mr.  Battiste  said,  there  was 
still  a  problem  of  getting  the  Houlton  Town  Council  and  the 
Houlton  Town  Meeting  to  approve  the  housing  project.   At  the 
suggestion  of  Eben  Elwell,  then  director  of  the  Maine  Housing 
Authority,  the  Association  of  Aroostook  Indians  remained 
silent  about  their  role  in  acquiring  the  housing   for  the 
town.   The  role  of  selling  the  idea  of  the  new  housing  to 
the  town  was  assigned  by  Mr.  Elwell  to  the  Houlton  Regional 
Development  Corporation.  Mr.  Battiste  explained: 

. . .We  had  to  take  a  back  seat  to  get 
anything.   They  told  us  that  if  the  Indians 
came  forth  and  say  they  got  some  housing, 
the  town  would  automatically  say,  no,  we 
don't  want  it.   So,  you  guys  stay  in  the 
background. .. (and)  we'll  convince  the  town 
that  it's  something  good. HO 

108.  Bangor  Transcript,  Feb.  8,  1973,  pp.,  294-295. 

109.  Ibid. ,  p.  295. 

110.  Bangor  Transcript,  Feb.  8,  1973,  p.  314. 

-  56  - 

After  this  agreement  was  made,  the  Houlton  Regional 
Development  Corporation  held  a  series  of  meetings  on 
Federal  housing  programs  to  which  town  leaders,  businessmen, 
and  other  citizens  were  invited.   At  the  first  of  these, 
Mr.  Battiste  continued,  it  was  stated,  "because  there  was 
a  minority,  a  sizeable  minority  group  in  Houlton,"  the  town 
"had  a  good  chance  of  getting  these  monies,  and  the  local 
development  agency  in  Houlton  started  to  work  on  it".  HI 
No  allusion,  however,  was  made  to  Indian  involvement  in 
acquiring  these  units,  nor  was  there  any  mechanism  set  up 
to  insure  Indian  involvement  in  the  execution  of  the 
project.   Mr.  Battiste  stated  that  the  allotment  of  7  of 
the  25  units  to  Indians  was  guaranteed  only  by  "a  verbal 
agreement. "H2 

Although  HUD  Region  I  Administrator  Barry  stated  that, 
"Such  independent  off-reservation  groups  as  the  Association 
of  Aroostook  Indians  are  not  eligible  for  many  grants ..." ,H3 
the  hearings  did  not  conclusively  determine  whether  certain 
off-reservation  groups  could  be  made  eligible  for  these 
grants  on  the  same  basis  as  on-reservation  groups.   Mr.  Howard 
and  Mr.  Bernard  were  not  in  agreement  whether  Federal 
recognition  of  off-reservation  groups  would  make  a  difference 
in  acquiring  Federal  housing  funds;  Mr.  Howard  said  "yes;" 
Mr.  Bernard  said  "no."H4   &  series  of  questions  were  addressed 
to  Mr.  Howard  regarding  the  meaning  of  the  term  "Indian 
colony"  as  a  category  eligible  for  Federal  housing  funds  for 
Indians,  specifically  whether  such  off-reservation  groups  as 
the  Maliseets  and  Micmacs  in  Aroostook  County  could  be  con- 
sidered an  "Indian  colony."   Mr.  Howard  answered  this  question 
in  the  context  of  other  New  England  Indian  groups  in  a 
situation  similar  to  the  Maliseets  and  Micmacs: 

If  this  agrees  with  the  Bureau  of  Indian 
Affairs'  interpretation,  I  don't  know. 
Now  let  me  give  you  case  in  point  why  it's 
bewildering  to  me.   There  are  Indians 

111.  Bangor  Transcript,  Feb.  8,  1973,  p.  313, 

112.  Ibid.  ,  p.  315. 

113.  Ibid.,  p.  6. 

114.  Ibid.,  pp.  52-53. 

-  57  - 

scattered  all  over  Maine  and  the  rest 
of  the  New  England  States  and  I  don't 
believe,  I  honestly  don't  believe  that 
anyone  really  knows  where  all  of  these 
colonies  and  these  gatherings  and  these 
groups  are. . . 

I  have  to  go  back  to  the  Narragansett 
Tribe...  The  Narragansetts,  back  in  18 
something  underwent,  or  were  subject  to 
State  law.   The  State  (De)  Tribalization 
Act  resulted  in  some  $86,000  being 
divided  up  among  the  recognized  remaining 
tribe  members  as  payment  for  the  land  they 
were  on...  There  is  some  question  as  to 
the  validity  of  that  Detribalization  Act. 
And  I  only  mention  that  because  there 
are  many  offshoots  of  all  these  tribes 
that  have  their  own  colonies ,  and  they 
thought  that  when  they  detribalized  that 
would  be  the  end  of  their  culture,  and 
that  would  be  the  end  of  their  mores,  and 
that  would  be  the  end  of  their  schools  and 
the  churches.   That  didn't  happen  at  all. 
They  took  the  land  away  from  them,  but 
they  still  have  their  own  churches,  and 
still  have  their  own  school  and  they  still 
have  their  own  mores  and  that  perhaps  will 
always  be  so. 

It  seems  to  me  that  this  group  and  many 
other  groups  scattered  throughout  New 
England  should  be  recognized.   And  (there) 
should  be  some  arrangements  where  they  would 
be  in  a  position  to  receive  some  Federal 
funds  as  well  as  any  other  colonization  that 
receives  funds  primarily  becuase  they  own 
land.   That's  just  a  personal  observation  .115 

115.   Bangor  Transcript,  Feb.  8,  1973,  pp.  14-16 

-  58  - 

D.  Obstacles  to  Individually  Financed  Housing  on  Reservation 

Many  obstacles  stand  in  the  way  of  individual  Indians  who 
wish  to  build  homes  on  the  reservation.  George  Stevens,  Chairman 
of  the  Housing  Authority  at  Indian  Township,  explained  that  reservation 
Indians  in  Maine  are  denied  Veterans  Administration  loans: 

This  goes  way  back  to  World  War  II  under  the  GI  Bill  of 
Rights.  Our  boys  went  to  war,  They  came  back,  and  they 
couldn't  get  the  benefits  like  other  boys.  This  has  been 
a  thorn  from  that  time  on. . .  Right  after  World  War  II, 
I  tried  to  (get)  financing  to  build  a  home  and  I  couldn't 
do  it.  At  that  time  we  could  build  a  home  for  about  $6,000 
or  $7,000.  I  went  to  the  bank,  I  couldn't  get  any  money. 
Well,  they  told  me  to  build  on,  to  add  on.  But  how  can 
you  do  it  without  any  plans,  and  we  can't  even  get  a  loan 
to  remodel  or  build  an  addition.  If  you  see  the  course  of 
of  the  reservation,  you  could  see  houses  with  additions 
built  on,  eastside,  westside,  all  around  sometimes  built 
on  every  2  years.  This  is  what  I  actually  did.... 
There's  no  place  to  build  onto  now. . . .The  boys  go  to  war, 
fight  like  other  boys  and  die  like  other  boys,  yet  we  can't 
get  the  benefits.  116 

Like  many  Maine  Indians  who  have  attempted  to  improve  their  own  housing 
situation  as  individuals  Mr.  Stevens'  way  was  blocked.  Banks  will 
not  finance  housing  construction  on  Maine  reservations.  117  The 
Veterans  Administration  will  not  insure  or  guarantee  any  loan  for 
housing  purchase  or  construction  on  reservations  in  Maine. 118.  The 
Department  of  Housing  and  Urban  Development  will  not  extend  moderate 
income  home  ownership  or  rental  programs  (Sections  235  and 

116.  Bangor  Transcript,  Feb.  8,  1973,  p.  292. 

117.  Ibid.,  p.  17,  Edward  Bernard,  HUD. 

118.  Ibid.,  p.  34,  John  D.  Bunger,  Veterans  Administration. 

-  59  - 

2  36)  to  the  Maine  reservations.  *■*■  * 

In  each  case  these  denials  of  service  are  based  uoon 
restrictions  in  Maine  State  law  placed  on  Indian  land. 
Mr.  Bernard  stated: 

Another  problem  we  encounter  [concerns]  some 
of  the  funds  available  such  as  the  moderate 
income  homeownership  program  or  rental 
program. . .Banks  will  not  finance  on  the  reser- 
vation because  of  the  land  situation.   There- 
fore, there  is  nothinq  to  insure  against  loss 
on  the  reservation. 120 

John  Bunger,  Assistant  Director  of  the  Veterans 
Administration  (VA)  Center,  Togus ,  Me.,  explained  that 
there  were  14  VA  housing  loans  to  Indians  in  Maine;  2  of 
the  15  loans  made  to  non-whites  in  the  State  in  1972  were 
made  to  Indians. 121  No  loans  were  made  on  the  reservation. 
Mr.  Bunger  explained  that  an  eligible  Indian  may  obtain 
a  home  loan  on  the  same  basis  as  any  other  veteran: 

There  is,  however,  one  complication — such 
loans  may  be  processed  only  when  the 
individual  veteran  can  obtain  a  fee  simple 
title,  a  leasehold  estate,  or  a  life  estate 
to  the  property  he  wishes  to  acquire.   This 
requirement  prevents  an  Indian  veteran  from 
obtaining  a  loan  [to]  purchase  or  construct 
a  home  located  on  either  Indian  reservation 

119.  Bangor  Transcript,  Feb.  8,  197  3,  p.  7,  Barry,  HUD, 

"Due  to  banks'  refusal  to  loan  individuals  on  the  reservations 
monies  to  construct  residences,  we  provide  no  mortgage 
insurance  on  Section  235   subsidies  on  reservations."   The 
"235"  program  provides  mortgage  insurance  to  assist  lower- 
income  families  in  purchasing  homes;  the  "2  36"  program  pro- 
vides rental  assistance  to  lower-income  families.   Authorizing 
legislation:   "235":  12  U.S.C.  1715z,  National  Housing  Act, 
Sec.  2  35,  as  added  by  the  Housing  and  Urban  Development  Act 
of  1968,  Sec.  101  (a),  Public  Law  90-448,  82  Stat.  476,  477; 
"236"  program:   12  U.S.C.  1715z-l,  National  Housing  Act, 
Sec.  236,  as  added  by  the  Housing  and  Urban  Development  Act 
of  1968,  Sec.  201  (a),  Public  Law  90-448,  82  Stat.  476,  498. 

120.  Bangor  Transcript,  Feb.  8,  1973,  p.  17. 

121.  Ibid. ,  p.  34. 

-  60  - 

in  this  State.   These  reservations  were, 
as  you  are  probably  aware ,  made 
available  by  the  State  of  Maine  to  the 
tribes  for  private  use  only,  and  conse- 
quently, it  is  not  possible  for  an 
individual  Indian  on  either  reservation 
to  acquire  fee  simple  or  other  estate  to 
a  portion  for  use  as  a  homestead  as 
required  by  the  law  and  the  VA  regulations. 
It  would  require  a  change  in  State  law  to 
overcome  this  obstacle,  and  as  such,  it 
is  a  public  policy  decision,  which  has  been 

the  prerogative  of  the  State  of  Maine 
Legislature. ^22 

John  J.  Jackson,  Director  of  the  VA  Center  at  Togus, 
provided  the  Advisory  Committee  with  a  1971  report  on 
eligibility  for  loans  to  purchase  realty  located  on  Indian 
tribal  lands.   Prepared  by  Stephen  Minichuk,  chief  attorney 
of  the  Togus  VA  Center, 123  the  report  substantiated  Mr. 
Bunger*s  statement  with  quotations  from  Maine  Supreme  Court 
decisions,  Maine  attorney  generals'  opinions,  and  Maine  law, 
all  of  which  establish  "the  supremacy  of  the  State. "124 

Once  again  it  was  not  entirely  clear  whether  Federal 
recognition  of  the  Maine  tribes  and  reservations  would 
change  Maine  Indians'  status  when  attempting  to  acquire 
bank  loans,  VA  loans,  or  such  HUD  programs  as  Sections  20  3, 
235. and  236.125 

122.  Bangor  Transcript,  Feb.  8,  1973,  pp.  34-35. 

123.  John  J.  Jackson,  Center  Director,  U.S.  Veterans  Admini- 
stration, Togus,  Me.,  letter  to  Hon.  Harvey  Johnson,  Chairman, 
Maine  Advisory  Committee,  Mar.  2,  1973,  with  attached 
memorandum.   Commission  files. 

124.  Ibid. 

125.  The  "203"  program  provides  insured  mortgage  financing 
for  the  construction,  purchase,  or  repair  and  rehabilitation 
of  one-to-four  family  homes;  12  U.S.C.  1709. 

-  61  - 

In  his  statement  to  the  Maine  Advisory  Committee,  HUD 
Region  I  spokesman  Sirrouko  Howard  stated  that  there  are 
HUD  funds  available  to  certain  Indians,  not  available  to 
others,  and  that  Federal  recognition  could  play  an 
important  part  in  getting  those  funds,  but  he  added  that 
"we  are  bound  by  certain  legal  constraints  to  develop 
programs  with  accepted  and  recognized  tribes,  policies, 
housing  authorities,  State  recognized  groups,  etc.  "126 
It  is  not  clear  from  this  statement,  however,  if  these  HUD 
programs  were  in  operation  on  Federal  reservations.   Mr. 
Bernard, also  of  HUD,  was  unable  to  answer  whether  banks 
make  special  provisions  regarding  Federal  reservations,  or 
whether  Bureau  of  Indian  Affairs  or  any  other  Federal  agency 
would  provide  extra  assistance  for  moderate-income  housing 
on  a  Federal  reservation. 127  Mr.  Bunger  stated  that  VA  loans 
are  not  available  on  Federal  reservations  for  the  same 

rt^pt  c;nn  .1^0 

126.  Bangor  Transcript,  Feb.  8,  1973,  pp.  14-16. 

127.  Ibid. ,  pp.  17-18. 

128.  Ibid.,  pp.  34-35.   "There  are  no  programs  administered 
by  the  VA  which  are  utilized  by  Indians  elsewhere  in  the 
country  but  which  are  not  operative  in  the  State  of  Maine." 

-  62  - 

E.   Staffing  Limitations  at  HUD 

"In  general,  the  tribes  in  Maine  have  been  very 
aggressive  and  quick  to  apply  for  HUD  funds,"  wrote  James 
J.  Barry  in  his  statement  to  the  Maine  Advisory  Committee. 
He  added,  "I  would  like  to  assure  all  that  the  staff  in 
our  field  offices  in  Manchester  and  Bangor  are  always 
available  to  assist  the  American  Indian  to  serve  the  needs 
of  his  people. "129 

Throughout  the  housing  portion  of  the  informal  hearings 
there  were  indications  that  a  communications  gap,  if  not 
a  serious  limitation  of  Federal  staff,  existed  in  the 
coordination  of  housing  projects.   On  several  occasions 
Indian  people  expressed  their  frustrations  in  dealing  with 
HUD  and  other  agencies  involved  in  reservation  housing  proj- 
jects.   Erlene  Paul,  coordinator  for  the  Penobscot  Housing 
Authority,  stated,  "Frankly,  I'm  sick  and  tired  of  being 
bounced  around  from  organization  to  organization. "130 
Francis  Sappier,  member  of  the  Pleasant  Point  Passamaquoddy 
Housing  Authority,  made  a  similar  remark,  "So  that  went  on 
and  we  got  bounced  around  here  and  there. "131 

Mr.  Barry  acknowledged  this  situation  in  his  statement 
to  the  Maine  Advisory  Committee: 

Most  government  programs  require  much  paper- 
work which  often  creates  impatience  as  well 
as  frustration  on  the  part  of  the  Indian 
people  and  Federal  officials.   This  is  par- 
ticularly true  on  small  reservations. 

Better  Federal  coordination  is  needed.   The 
funding  situation  for  Water  and  Sewer  and  for 
the  Neighborhood  Facility  was  and  is  very  con- 
fused with  HUD,  EDA,  and  EPA  all  contributing. 
Perhaps  a  coordinating  committee  made  up  of  the 
three  agencies  would  be  most  helpful. 132 

129.  Bangor  Transcript,  Feb.  8,  1973,  p.  9 

130.  Ibid.,  p.  297. 

131.  Ibid.,  p.  300. 

132.  Ibid. ,  p.  7. 

-  63 

Several  coordinating  bodies  already  exist,  yet  none 
cited  a  specific  role  they  had  played  in  solving  some  of 
these  "confusing"  situations.   Both  the  National  Council  on 
Indian  Opportunity  and  the  Federal  Regional  Council's  Indian 
Task  Force  have  such  a  role. 

Mr.  Howard  suggested  that  the  full-time  assignment  of 
one  HUD  staff  person  to  the  Indians  of  Maine  would  be  of 
great  benefit:  forthcoming  years  it's  going  to  be 
almost  mandatory  that  we  assign  an  indi- 
vidual exclusively  to  the  Indian  tribes 
in  Maine  to  help  them  and  promote  them  in 
implementation  of  a  particular  program  to 
which  they  have  received  approval  and  has 
been  funded.   It  is  almost  impossible  for 
us... in  a  Federal  agency  to  expect  the 
other  initiators  out  in  the  field  to  inter- 
pret some  of  our  regulations,  when  we,  with 
all  of  our  resources,  have  difficulty  in 
interpreting  ourselves.   This  will  be  a 
recommendation  to  the  Regional  Administrator . 13  3 

133.   Bangor  Transcript,  Feb.  8,  1973,  pp.  7-8. 

-  64  - 

F.   Programmatic  Limitations 

In  his  statement  to  the  Maine  Advisory  Committee, 
Mr.  Barry  made  two  observations  about  the  limitations  of 
HUD  programs,  not  discussed  previously,  which  warrant 
notice : 

Another  obstacle  is  HUD ' s  inability  to 
provide  more  than  75  percent  grant  for  a 
Neighborhood  Facility  or  more  than  90  per- 
cent grant  (in  rare  cases)  of  water  and 
sewer  facilities.   This  puts  the  burden  on 
the  tribe  to  find  matching  funds.   Some 
tribal  funds  are  limited,  and  if  State 
appropriations  are  not  adequate,  the  tribe 
may  have  to  go  without  a  much  needed  facility. 
This  is  currently  the  situation  with  a 
Neighborhood  Facility  at  Indian  Township. 
Change  requires  an  act  of  Congress. 

In  the  case  of  homeownership  programs , 
modernization  funds  are  not  available  for 
repairs  to  homes.   If,  in  the  future,  it 
is  found  that  the  homebuyers '  incomes  are 
too  low  to  allow  them  to  build  up  and  main- 
tain an  adequate  maintenance  reserve  fund, 
it  could  be  difficult  for  individuals  to 
make  major  repairs  to  the  structures 
should  they  be  needed. 

A  change  could  be  brought  about  by  admini- 
stratively establishing  some  type  of  capital 
improvement  fund  to  cope  with  this  situation, 
or  by  changing  modernization  guidelines . 134 

Another  significant  limitation  on  HUD  programs  has  been 
caused  by  uncertainty  arising  from  such  factors  as  the 
President's  18-month  moratorium  on  new  housing  starts,  plans 
for  governmental  reorganization,  and  HUD's  own  budget  sub- 
mission to  Congress.   On  several  occasions  representatives 
from  Federal  agencies  could  not  answer  questions .   For 
example,  the  Advisory  Committee  was  unable  to  elicit  precise 
information  about  the  future  of  the  open  space  program,  the 
transfer  of  OEO  programs,  and  the  status  of  Indian  and 
elderly  housing  grants. 135 

134.  Bangor  Transcript,  Feb.  8,  1973,  pp.  6-8. 

135.  Ibid. ,  pp.  10-13. 

-  65  - 


1.  The  moratorium  on  Indian  housing  starts  should  be 
lifted  immediately  so  that  plans  to  begin  housing 
construction  can  continue  as  scheduled  on  the 
Penobscot  Reservation. 

2.  Lack  of  trust  land  should  not  be  a  criteria  for 
denying  such  independent,  off-reservation  groups  as 
the  Association  of  Aroostook  Indians  eligibility  for 
the  same  type  of  housing  grants  made  to  reservation 
communities.   Tribal  groups  living  in  their  aboriginal 
territory — like  the  Maliseets  and  Micmacs  of  Aroostook 
County — may  lack  trust  land  now  only  because  their 
land  was  taken  from  them  improperly  in  the  past.   In 
such  cases,  the  Congress  should  extend  by  legislation 
the  eligibility  for  the  same  housing  programs  to  these 
groups,  for  their  members,  as  it  does  for  reservation 
groups.   The  case  for  such  treatment  is  based  in  the 
trust  relationship  between  Indians  and  the  Federal 

3.  Congress  should  pass  legislation  to  insure  the  right 
of  Maine  reservation  Indians  to  participate  in  loan 
programs  of  the  Veterans  Administration  and  the  Depart- 
ment of  Housing  and  Urban  Development. 

4.  Region  I  of  the  Department  of  Housing  and  Urban 
Development  should  assign  one  staff  member  to  work 
exclusively  with  the  Indians  of  Maine,  on-and  off- 
reservation.   This  person  might  have  the  additional 
responsibility  of  coordinating  selected  housing 
activities  of  other  Federal  agencies  involved  in  the 
Federal  Regional  Council's  Indian  Task  Force. 

5.  Congress  should  allow  for  100  percent  HUD  funding  of 
water  and  sewage  and  neighborhood  facilities  in  Indian 

-  66  - 

The  health  crisis  among  Maine  Indians  warrants  an 
immediate  attack  on  the  problems  by  all  health  agencies . 
According  to  a  1972  report  of  the  U.S.  Public  Health  Service, 
the  average  life  expectancy  for  an  American  Indian  is  64 
years  of  age  compared  to  70  years  of  age  for  the  general 
population.   This  is  one  illustration  of  the  problem. 136 

Several  studies  and  reports  have  found  major  health 
needs  and  related  problems  among  Maine  Indians.   There  is 
basic  agreement  that  the  following  are  major  problems: 
mental  health  (particularly  alcoholism) ,  lack  of  proper 
nutrition,  infectious  and  contagious  diseases,  dental,  sani- 
tation, poverty,  unemployment,  transportation,  communication 
barriers,  accidents,  and  health  education.   These  reports 
have  collected  medical  and  socio-economic  data  which  clearly 
describe  Indian  health  as  being  far  below  that  of  the 
general  population. 137 

However,  health  services  meeting  these  needs  are  wholly 
inadequate.   Part  of  the  inadequacy  is  the  lack  of  funding 
and  part  is  the  cultural  distinction  between  Indians  and  non- 

136.  U.S.  Department  of  Health,  Education,  and  Welfare,  The 
Indian  Health  Program  of  the  U.S.  Public  Health  Service, 

(Washington,  D.C.:   Government  Printing  Office,  1972),  p.  29. 

(hereafter  cited  as  The  Indian  Health  Program) .   The  IHS 
figure  of  64  years  is  disputed  by  some  non-governmental  sources 
which  estimate  Indian  life  expectancy  as  of  1970  at  47  years. 

137.  Examples  of  such  studies  and  reports  include  a  survey 

by  Louis  Doyle,  Division  Director,  Division  of  Indian  Services, 
Maine  State  Bureau  of  Human  Relations  Services,  Bangor,  in 
1969;  Report  of  the  Maine  Regional  Medical  Program,  Health 
Care,  Health  and,  Illnesses:   Behavior  of  American  Indians  in  the 
State  of  Maine,  1971;  and  a  survey  by  the  Department  of  the 
Army  (U.S. )  Medical  Domestic  Action  Program,  "American  Indians 
in  Maine:   Phase  One  -  Medical  Survey."   October  1972.   These 
documents  are  in  Commission  files. 

-  67  - 

The  most  important  Federal  agency  that  meets  Indian 
health  needs  is  the  Indian  Health  Service  (IHS)  of  the 
Public  Health  Service  of  the  U.  S.  Department  of  Health, 
Education,  and  Welfare  (DHEW) .   However,  it  has  continually 
resisted  any  responsibility  to  Maine  Indians,  claiming 
either  lack  of  funding  or  lack  of  jurisdiction,  paralleling 
the  interpretation  of  the  Bureau  of  Indian  Affairs  (BIA) . 

The  National  Council  on  Indian  Opportunity  estimates 
that  Indian  Health  Service,  now  denied  to  Maine  Indians, 
would  amount  to  approximately  $500,000  a  year  if  applied 
to  them.   Under  the  IHS  program,  there  are  approximately  51 
hospitals  and  300  hospital  stations,  most  of  which  are  west 
of  the  Mississippi  River.   The  IHS  also  maintains  contracts 
with  300  private  or  community  hospitals , . 18  State  and  local 
health  departments,  and  500  physicians,  dentists,  and  other 
health  specialists. 

Presently  the  IHS  serves  478,000  Native  Americans.   This 
means  that  approximately  350,000  Indians,  or  nearly  half  of 
the  American  Indian  population,  are  not  receiving  IHS  care, 
including  Maine  Indians.   For  FY  '73  the  IHS  budget  was 
approximately  $216  million. 138   From  its  inception  in  1955 
to  1973  the  IHS  budget  increased  sixfold,  serving  basically 
the  same  Indian  groups. 139 

Ironically,  the  IHS  participates  in  some  international 
programs  while  it  insists  it  cannot  serve  nearly  half  of  the 
American  Indian  population.   The  IHS  has  entered  into  a 
"service  agreement"  with  the  Agency  for  International  Develop- 
ment (AID)  to  assist  in  developing  a  medical  center  in  Liberia 
with  a  250-bed  hospital.   "Indian  Health  Service  staff  are 

138.  Bangor  Transcript,  Feb.  7,  1973,  p.  94,  George  Clark, 
Director,  Office  of  Indian  Affairs,  Office  of  the  Secretary, 
DHEW,  Washington,  D.  C. 

139.  U.S.   Public  Health  Service  (DHEW)  To  the  First 
Americans  (Washington,  D.C.:   Government  Printing  Office, 
1967).   Table,  p.  5,  shows  total  appropriation  for  fiscal  year 
1956  at  $34.8  million,  one-sixth  the  budget  figure  presented 
to  the  Maine  Advisory  Committee  at  the  February  1973  hearing. 

-  68  - 

participating  with  other  countries  in  research  of  health 
problems  similar  or  relevant  to  those  existing  in  Indian 
communities  in  the  United  States,  and  working  for  the  sub- 
sequent alleviation  of  those  problems." 

The  Indian  Health  Service  Advisory  Board  does  not  have 
any  representative  of  a  non-recognized  tribe,  including 
Maine  Indians,  to  advise  on  health  programming. 

The  National  Institute  of  Alcohol  Abuse  and  Alcoholism 
(NIAAA)  of  the  National  Institute  of  Mental  Health,  DHEW, 
is  presently  funding  the  Maine  Indian  Alcoholism  Research 
Project  to  develop  and  support  a  rehabilitation  program. 141 
Prior  to  this  project  Maine  Indians  were  inadequately 
served  by  a  non-Indian  agency  for  problems  of  alcoholism, 
and  at  the  same  time  were  being  used  statistically  to  acquire 
funding. 142 

There  are  no  State  health  agencies  which  deal  directly 
with  Indian  health  needs.   For  instance,  Dr.  Peter  Leadley, 
Director  of  the  Bureau  of  Health  in  the  State  Department  of 
Health  and  Welfare,  stated  that  his  department  does  not  main- 
tain a  breakdown  of  health  statistics  by  race.   The  State, 
therefore,  has  not  developed  any  systematic  means  of  making 
itself  aware  of  specific  Indian  health  problems.   Dr.  Leadley 
also  stated  he  was  not  aware  of  the  Regional  Medical  Program's 
report  on  Maine  Indian  Health. 143 

140.  The  Indian  Health  Program. 

141.  Kenneth  L.  Eaton,  Acting  Director,  NIAAA,  letter  to 
Hon.  Harvey  Johnson,  Chairman,  Maine  Advisory  Committee, 
Feb.  6,  1973. 

142.  Bangor  Transcript,  Feb.  7,  1973 ,  p.  186,  Frank  Dennis, 
Director,  Alcoholic  Rehabilitation,  Bangor  Counseling  Center, 
Bangor,  Me.   See  also  Stevens  testimony,  p.  11. 

143.  Ibid.,  pp.  140,  141,  148. 

-  69  - 

The  State  Department  of  Indian  Affairs  (DIA)  does  pay 
health  bills  for  Passamaquoddys  and  Penobscots  living  on 
reservation  but  it  does  not  have  the  authority  nor  the 
funding  to  design  a  health  program  for  all  Indians. 

Five  years  ago,  Maine  medical  personnel  were  involved 
with  Indians  in  planning  to  meet  the  health  needs  of 
Passamaquoddys.   The  planning  generated  some  of  the  studies 
referred  to  at  the  beginning  of  this  chapter  (see  footnote 
151)  and  also  a  hope  that  there  would  be  a  paramedical  directors 
of  community  health  facilities  on  the  reservations.   The 
studies  and  reports  were  produced  but  the  direct  health 
needs  have  not  been  met.   Commissioner  Stevens  told  the 
Advisory  Committee  that  alcoholism  remains  a  major  problem 
on  Maine  Indian  reservations,  and  monies  available  to  treat 
alcoholism  are  not  reaching  Indian  communities  due  to  com- 
peting interests  of  local  social  service  agencies. 

The  other  part  of  the  problem  of  Indian  health  needs  is 
the  cultural  distinction  between  Indians  and  non-Indians. 
Edwin  Mitchell,  Co-Director  of  the  Maine  Indian  Alcoholism 
Research  Program  (DIA) ,  describes  a  different  world  view  of 
the  Indians  who  are  in  geographical  isolation: 

Maine's  Indian  population  is  a  distinct 
minority  group  with  particular  needs  in 
service  design.   (They)  are  the  last 
group  of  Native  Americans  in  the  north- 
eastern part  of  this  country  who  have 
actually  retained  a  good  measure  of 
cultural  distinctiveness  and  have  been 
able  to  resist  homogenizing  and  assimi- 
lating into  the  pervasive  life  style  of 
predominantly  European  descendants.   As 
with  Indians  in  other  parts  of  the  country, 
this  straddling  of  two  cultures  points  up 
various  social  problems,  particularly 
poverty  and  alcoholism. 

Alcoholism  and  alcohol  abuse  have  a  high 
incidence  among  Maine  Indians  and  form  a 
reciprocal  relationship  with  other  pro- 
blems besetting  this  group.   Indian  life 
style  is  based  on  a  different  world  view 
than  that  of  the  whites.   An  Indian's 
relation  to  his  environment  is  one  of 
integration,  with  a  pronounced  respect  for 
natural  order.   In  contrast,  the  prevailinq 

-  70  - 

world  view  of  the  western  civilization 
and  among  white  Americans  has  been  to 
dominate  and  "conquer"  the  environment... 
The  transplanted  American  culture. .. stresses 
individualism,  competitiveness  and  the 
attainment  of  success  in  a  chosen  field. 
The  Indian  sees  no  great  merit  in  financial 
and  material  attainment  for  its  own  sake. 

(The  Indian  has)  no  concept  of  time.   There's 
no  such  word  in  the  Indian  language,  and 
therefore  the  Indian  has  often  been  character- 
ized as  'lazy.'   Possibly  if  ecology  becomes 
a  functional  part  of  this  nation's  cultural 
and  economic  life  rather  than  a  public  relations 
catchword,  the  Indians'  problem  of  adjustment 
to  the  dominant  culture  will  be  lessened. 
Until  such  time  a  goal  in  planning  services  for 
alcoholism  and  other  social  problems  among  the 
Indian  population  should  be  the  delivery  of  a 
social  service  through  the  Indian  cultural 

...Housing  is  generally  poor,  jobs  are  few, 
futility  is  a  daily  feeling  and  because  of 
poor  education  and  low  job  skills  few  Indians 
have  an  opportunity  to  leave  and  the  need  for 
the  security  of  their  own  culture  holds  them 
immobile.   Alcohol  provides  an  easy  escape 
for  such  people  from  the  intolerable  reality 
of  their  daily  existence. 144 

It  may  be  that  Indian  health  needs  can  best  be  met  by 
Indians  themselves  requiring  health  agencies  to  employ  and 
train  Indians. 

In  1971,  the  DIA  requested  health  services  for  Maine 
Indians  from  the  Indian  Health  Service  (IHS) .   Due  to  IHS ' s 
administrative  position  that  Maine  Indians  were  not  eligible 
for  their  services,  the  Indians  were  sent  to  the  Public 
Health  Service  where  they  requested  a  physician  from  the 
National  Health  Services  Corps  (NHSC) .   The  DIA  was  told 
their  application  for  a  physician  to  serve  the  Indians  would 

144.   Bangor  Transcript,  Feb.  8,  1973,  pp.  336-339. 

-  71  - 

have  to  be  cleared  by  the  Regional  Comprehensive  Health 
Planning  group  in  the  county  where  the  services  would  be 
provided.   The  Maine  Medical  Association  (MMA)  was 
approached  by  the  NHSC  for  approval  of  such  a  project. 
The  MMA  said  the  need  was  great  and  gave  its  approval. 
However,  the  regional  planning  group,  which  included 
Washington  County  where  the  services  were  to  be  rendered, 
would  not  sign  off  on  such  a  pro ject .-'■'* 5 

The  regional  planning  group  then  submitted  their  own 
application,  which  included  Indians  in  the  statistical 
data.   As  a  result  of  that  application,  the  Lubec  Family 
Health  Center  in  Lubec,  Me.,  was  created.   This  health 
center  does  not  serve  the  health  needs  of  the  Passamaquoddy 
Indians,  since  it  is  too  far  away  from  the  reservation  and 
requires  some  form  of  prepayment,  which  is  nearly  impossible 
for  the  Indians,  1^6 

A  similar  situation  in  which  health  funds  were  acquired 
by  the  use  of  Indian  statistics  and  without  Indian  input 
occurred  in  19  71  when  the  Penquis  Community  Action  Agency 
applied  for  a  Health  Start  grant  from  the  Office  of  Child 
Development.   This  grant  was  specifically  aimed  at  assisting 
the  Penobscot  community  on  Indian  Island  as  one  of  its  target 
areas.   Harold  Higgins ,  Director  of  the  Penquis  CAA,  con- 
firmed that  he  did  not  consult  the  Indians  before  applying 
for  the  grant.   Asked  what  steps  he  had  taken  to  involve  the 
Indian  community  in  the  planning  of  this  project,  Mr.  Higgins 

Initially  none.  And  I'd  like  to  relate 
to  that  because,  like  many  Federal  pro- 
grams you  get  a  set  of  guidelines  today 
and  an  opportunity  to  apply  for  a  project, 

145.  Bangor  Transcript,  Feb.  7,  1973,  pp.  128-131,  Robert 
Godersky,  MD,  Assistant  Regional  Health  Director  for  Planning 
and  Evaluation,  Health  Services  and  Mental  Health  Administra- 
tion, Region  1,  DHEW,  Boston,  Mass.   See  also  Stevens  testimony, 
pp.  25-27.   Further  information  on  the  Lubec  Center  was  pro- 
vided by  Dr.  Godersky  under  Memorandum  of  Feb.  15,  19  73,  to 

the  Chairman,  Maine  Advisory  Committee,  Commission  files. 

146.  Ibid. 

-  72  - 

and  they  want  the  application  yesterday. 
So  there  was  no  prior  planning  for  a 
Health  Start.147 

Advisory  Committee  member  Buesing  asked,  "Would  you 
apply  for  a  program  for  Indians  without  their  knowledge?" 
Higgins  replied,  "Yes."14^   Indians  point  to  this  as  a 
classic  example  of  overall  projects  being  funded  because  of 
Indian  statistics. 

147.  Bangor  Transcript,  Feb.  8,  1973,  p.  67. 

148.  Ibid.,  pp.  66-67. 

-  73  - 


The  Maine  Advisory  Committee  concludes  that  Maine 
Indian  health  problems  are  of  serious  and  chronic 
proportions  and  that  enough  official  studies  have 
reported  the  crisis.   Therefore,  we  recommend  that  all 
health  agencies  acquire  the  funding  necessary  to  attack 
the  health  problems  of  Maine  Indians . 

The  Advisory  Committee  concludes  that  the  estimated 
$500,000  a  year  which  should  be  serving  Maine  Indians 
from  the  Indian  Health  Service  would  begin  to  assist 
their  specific  health  needs.   We  also  found  that  IHS 
presently  serves  Indian  people  regardless  of  where 
they  live.   Therefore,  we  recommend  that  the  Secretary 
of  Health,  Education,  and  Welfare  make  the  administra- 
tive decision  that  IHS  serve  Maine  Indians  and  request 
the  necessary  increase  in  appropriations.   We  further 
recommend  that  Maine  health  agencies,  such  as  the  State 
Departments  of  Health  and  Welfare,  Mental  Health  and 
Corrections,  and  the  Regional  Medical  Program,  Maine 
Medical  Association,  take  responsibility  to  report  these 
needs  to  the  IHS. 

The  Advisory  Committee  concludes  that  frequently  data 
on  Indians  are  used  by  agencies  to  justify  funding  and 
that  Indians  then  are  either  not  served  or  inadequately 
served.   Furthermore,  we  conclude  that  Indians  are  rarely 
invited  to  participate  in  planning  health  programs  that 
should  include  them.   Therefore,  we  recommend  that  Maine 
Indians  be  properly  represented  on  the  various  health 
advisory  boards  in  the  State  and  on  the  IHS  Advisory 
Board.   We  also  recommend  that  any  agency  receiving 
funding  because  of  an  Indian  population  in  a  particular 
area  accept  the  responsibility  to  serve  these  Indians. 

-  74  - 


A.   Importance  to  Maine  Indians 

Improvement  in  education  is  intimately  tied  to  Indian 
self-determination  and  self-awareness.   Wayne  Newell, 
director  of  the  Wabanaki  bilingual  education  program,  pro- 
vided a  clear  view  of  Indian  desire  for  bilingual  and 
bicultural  education:   "  to  us  means  a  sacrifice, 
basically  of  our  culture,  a  sacrifice  of  our  language,  a 
sacrifice  in  a  lot  of  cases  of  religion.   These  are  the 
sacrifices  that  we  make  for  the  rewards  for  the  so-called 
white  man's  education. "149  Mr.  Newell  further  said: 

Our  tribe  is  threatened  at  this  point, 
especially  in  the  lower  grades,  of 
losing  our  first  language,  our  native 
language.   We  are  not  gaining  a  total 
competency  in  English  as  educators  would 
have  you  to  believe.   We  are  losing  a 
lot  of  our  cultural  ceremonies,  a  lot 
of  our  cultural  beliefs,  a  lot  of  our  very 
rich  tales  of  the  way  and  the  whereabouts 
of  where  we  came  from. 

The  schools  at  this  point  do  not  offer 
anything  in  this  field.   Any  efforts  on 
our  part  right  now  are  just  a  very  small 
gleam.   I  think  there's  a  tendency 
because  we  have  Indians  now  in  the 
administration  and  in  the  policy-making 
bodies,  that  everything  is  all  right. 
Everybody's  happy.   But  I  can  assure  this 
committee  we're  just  at  the  very  beginning 
of  what  we  consider  new  frontiers  in 
education. . . . 

I  think  we'll  all  agree  that  whatever  effort 
the  State  of  Maine,  or  whatever  effort  the 
Federal  Government  has  made,  is  a  total 
disgrace.   I  think  when  you  examine  the  rate 
of  success,  it  is  very  nil- ..I've  come  to 
a  very  wise  conclusion  that  the  system 

149.   Bangor  Transcript,  Feb.  8,  1973,  p.  271, 

-  75  - 

is  failing  the  majority  of  the  people 
it's  trying  to  educate. 150 

As  in  other  problem  areas,  greater  strides  have  been 
made  on  reservation  than  off  to  guarantee  Indian  control 
over  educational  services.   Nevertheless,  Indians 
testified,  only  beginning  steps  have  been  taken.   Indian 
efforts,  moreover,  are  once  again  hampered  by  the  refusal 
of  the  Federal  Government  to  extend  certain  Indian 
educational  services  to  Maine  Indians  for  the  same  reason 
the  Bureau  of  Indian  Affairs  denies  them  services. 

150.   Bangor  Transcript,  Feb.  8,  1973,  pp.  271-272 

-  76  - 

B.   Reservation  Indian  Education 

The  State  of  Maine  traces  its  responsibility  for 
Indian  education  to  its  treaties.   As  has  been  pointed  out 
previously  in  this  report,  however,  this  treaty  obligation 
is  recognized  only  with  regard  to  the  Passamaquoddy  and 
Penobscot  Tribes.   Previous  to  1966,  Maine  Indian  education 
was  handled  by  the  Department  of  Health  and  Welfare.   When 
Indian  welfare  was  transferred  to  the  Department  of  Indian 
Affairs  in  1965,  the  Maine  Department  of  Education  and 
Cultural  Services  (DECS)  took  charge  of  reservation  Indian 
education. 151 

Robert  Gerardi ,  Assistant  Commissioner  of  the  DECS, 
stated  that  since  1966: 

Maine  Indian  education  has  been  characterized 
by  a  movement  toward  decentralization,  with 
decision-making  taking  place  in  the  schools, 
increased  Indian  control,  and  introduction  of 
Indian  culture  and  language  in  the  curriculum, 
and  general  updating  of  facilities .. .The  DECS 
provides  funding  for  the  operation  of  elemen- 
tary schools  on  the  reservation  and  pays 
tuition  and  transportation  for  reservation 
Indians  who  wish  to  attend  schools  in  the 
nearby  communities.  ^2 

The  reservation  schools  are  the  primary  grades,  up  to 
fifth  or  eighth  grades,  depending  on  the  reservation. 
Members  of  the  Indian  School  Committees  in  describing  their 
activities  stressed  that  they  do  not  feel  they  have  had 
enough  input  into  programs  and  have  not  received  enough 
information  about  existing  Federal  and  State  funds. 153 

151.  Pursuant  to  Chapter  1351  Section  4719,  M.R.S.,  1964,  as 
amended.   Section  4702,  which  creates  the  D.I. A.,  transfers 
the  duties  and  powers  previously  held  by  the  Commissioner  of 
Health  and  Welfare  relating  to  Indians,  "except  their 
education,"  to  DIA. 

152.  Bangor  Transcript,  Feb.  7,  1973,  p.  257. 

153.  Bangor  Transcript,  Feb.  8,  1973,  pp.  237-269,  Albert 
Dana,  representing  Blanche  Sockabasin,  Chairwoman,  Dana  Point 
School  Committee;  Mary  Altvater,  Chairwoman,  Pleasant  Point 
School  Committee;  and  Michael  Ranco,  Chairman,  Indian  Island 
School  Committee. 

-  77  - 

Beginning  in  1973,  these  school  committees  for  the  first 
time  began  to  manage  their  own  accounting  books  instead  of 
having  it  done  in  the  State  office,  250  miles  away  at 
Augusta. 154 

Wayne  Newell  described  the  Wabanaki  bilingual  program 
which  he  directs  at  Indian  Township.   This  program  at  present 
serves  only  one  reservation  because  of  budgetary  limitations: 

...Children  work  in  the  classrooms  today  with 
very  simple  but  very  effective  reading  devices. 
For  instance,  they  have  developed  two  readers, 
and  I  will  have  to  say  them  in  English  although 
they  do  have  a  Passamaquoddy  title,  but  unfor- 
tunately you  do  not  share  the  blessings  of  our 
language  at  this  point  anyway.   One  is  Molly 
and  her  Horse  and  Joseph  and  his  Cow,  four  page 
booklets  all  in  the  native  language  that  the 
children  drew  and  worked  the  text  out  with  the 
staff.   These  are  readers....  We  are  developing 
many,  many  other  materials  relevant  to  the 
surroundings  in  Indian  Township.... 

We  say  we  should  make  the  schools  the  happiest 
place  on  the  reservation,  and  that's  what  we're 
trying  to  do. 155 

154.  Bangor  Transcript,  Feb.  8,  1973,  pp.  241-242,  testimony 
of  Ms.  Altvater. 

155.  Ibid.,  pp.  273,  274,  278. 

-  78  - 

C.   Indian  Education  Of f -Reservation 

The  Advisory  Committee  heard  varying  opinions  from 
Indian  educators  concerning  the  treatment  of  Indians  when 
they  leave  the  reservation  for  high  school.   Some  felt  the 
problem  was  being  well  handled  by  all  concerned,  and  some 
felt  that  the  lack  of  understanding  in  white  communities 
in  regard  to  Indians  is  greatest  in  those  communities  which 
are  closest  to  the  reservation.-'-^ 

In  1972  the  Maine  Advisory  Committee  requested  that 
Maine's  Department  of  Education  and  Cultural  Services  (DECS) 
investigate  the  education  of  Indian  children  in  Aroostook 
County. 157   An  ad  hoc  committee  for  the  Maine  Education 
Council  from  October  1972  to  January  1973  produced  the 
following  conclusions: 

1.  Some  Indian  students  and  their  parents 
feel  that  they  are  being  discriminated 
against.   For  as  long  as  this  feeling  exists, 
it  creates  a  problem  which  impedes  the  learning 

2.  There  is  a  problem  in  the  area  of  health 
and  welfare,  which  directly  affects  the  personal 
well-being,  thusly  the  school  attendance  of 
some  Indian  students. 

3.  A  bilingual  situation  points  up  the  need 
for  remedial  assistance. 

4.  The  present  status  of  the  off-reservation 
Indian  in  Maine  is  such  that  he  cannot  take  full 
advantage  of  State  funding,  which  well  might 
alleviate  some  of  the  above  problems. 158 

The  education  committee  then  made  the  following 
recommendations : 

156.   Bangor  Transcript,  Feb.  8,  1973,  p.  180. 

15  7.   Maine  Advisory  Committee,  minutes  for  Apr.  25, 

1972,  June  29,  1972,  and  Sept.  7,  1972,  noting  correspondence 

with  DECS  Commissioner.   Commission  files. 

15  8.   Ad  Hoc  Committee  for  Education  of  Off-Reservation 
Indians  of  Aroostook  County  to  the  Maine  Education  Council,  as 
approved  by  the  Council  Jan.  18,  1973,  p.  1. 

-  79  - 

1.  That  a  coordinator  of  education  for  off- 
reservation  Indians  be  assigned  to  the  Division 
of  School  Operations  of  the  Bureau  of  Curriculum 
Resources  in  the  DECS,  and  that  sufficient  funds 
be  provided  for  a  coordinator  of  off-reservation 
Indians  and  an  office  including  secretarial 
assistance,  to  be  located  in  Aroostook  County. 
The  coordinator  should  be  charged  to  make  special 
effort  to  encourage  superintendents  of  schools  to 
provide  for  teacher  workshops  to  understand  problems 
of  off-reservation  Indians.  J- 5  9 

2.  The  Committee  strongly  supports  the  Department 
of  Indian  Affairs'  suggestion  that  an  Office  of 
Off-Reservation  Indian  Development  be  created. ^"^ 

3.  The  Committee  strongly  recommends  the  develop- 
ment of  legislation  desiqned  to  create  State 
recognition  of  the  off-reservation  Indians. 161 

Shirley  Levasseur,  VISTA  worker  for  the  Association  of 
Aroostook  Indians,  told  the  Advisory  Committee  that  local 
communities  refuse  to  allow  Indians  to  vote  on  school  matters, 
She  reported  that  off-reservation  Indians  are  discriminated 
against  by  the  State  and  Federal  governments  in  educational 
programs.  -*-"2   Ms .  Levasseur  stated  that  off-reservation 

159.  Bangor  Transcript,  Feb.  7,  1973,  pp.  260-262,  Marion 
Bagley,  who  chaired  the  ad  hoc  committee.   The  DECS  Com- 
missioner, in  a  letter  of  Feb.  21,  1973,  to  Maine  Advisory 
Committee  Chairman   Harvey  Johnson  pledged  to  get  legislative 
funding  for  this  proposal  or  assign  a  currently  funded  con- 
sultant to  the  job.   Commission  files. 

160.  Established  by  the  Maine  Legislature  in  1973,  H.P.  976- 
L.D.  1290  (C.130,  P.L.  1973),  with  funds  appropriated  for  that 
purpose,  as  part  of  the  Department  of  Indian  Affairs.   The 
DECS  Commissioner  stated  that  this  was  an  item  for  the 

161.  Not  yet  acted  upon  by  the  Maine  legislature.   The  DECS 
Commissioner  also  deferred  action  on  this,  stating  that  it  was 
for  the  Governor  to  recommend. 

162.  Bangor  Transcript,  Feb.  8,  1973,  pp.  279-280,  284-285- 
2  86.   Ms.  Levasseur  said  that  American-born  descendants  of 
Canadian  Indians  were  not  allowed  to  register  to  vote  because 
of  their  Canadian  ancestry. 

-  80  - 

Indians  feel  that  if  they  were  federally  recognized,  they 
would  be  able  to  get  assistance  for  educational  programs, 
health  and  welfare  needs,  and  employment. 

-  81  - 

D.   Denied  Federal  Indian  Education  Services 

Dr.  Richard  McCann,  Assistant  Regional  Commissioner, 
Office  of  Education,  DHEW,  Region  I,  provided  information 
requested  by  the  Advisory  Committee  concerning  Office  of 
Education  services  available  to  "federally-recognized 
Indians"  that  are  not  provided  to  "non- federally 
recognized  Indians": 

1.  Title  I  of  the  Elementary  and  Secondary 
Education  Act  of  1965  provided  in  fiscal  1973 

a  set-aside  of  $14.1  million  for  the  BIA  schools. 

2.  Public  Law  874  provides  Impact  Aid  payments 
to  schools. 

3.  Public  Law  815  provides  for  assistance  with 
public  school  construction  in  school  districts 
and  individual  schools  attended  by  reservation 

4 .  An  amendment  to  the  Act  providing  for  bi- 
lingual education  makes  it  possible  to  fund  BIA 
schools   and  tribal  and  locally  controlled  Indian 
schools  for  bilingual  programs. .. 163 

Johnson-O'Malley  funds  are  another  major  source  of 
Federal  Indian  education  funds  denied  to  Maine  Indians : 

The  Johnson-O'Malley  Act  of  1934  (JOM)  is 
one  of  the  most  important  Federal  laws 
affecting  Indian  education.   Designed 
exclusively  for  Indians,  it  is  administered 
by  the  BIA  which  disburses  money  primarily 
to  public  schools  where  Indian  students 
are  enrolled.   JOM  money  is  distributed 
through  contracts  with  State  departments 
of  education,  and  less  frequently,  local 
school  districts.   While  incorporated 
tribes  and  non-profit  groups  are  eligible, 

163.   Richard  V.  McCann,  Assistant  Regional  Commissioner, 

U.S.  Office  of  Education  (DHEW),  Region  I,  Boston,  Mass.,  to 

Hon.  Harvey  Johnson,  Chairman,  Maine  Advisory  Committee, 

Mar.  29,  1973,  p.  1. 

-  82  - 

they  have  been  rarely  funded.   Appropri- 
ations for  JOM  have  more  than  doubled  in 
the  last  four  years,  from  $9,952,000  in 
1968  to  $22,652,000  in  1972. l64 

Meredith  Ring,  Supervisor,  Maine  Indian  Education, 
indicated  that  her  office  in  the  Department  of  Education  is 
considering  submitting  a  proposal  for  JOM  funds,  under  which 
the  State  would  provide  services  to  Indians.  l°-> 

164.  Dan  Rosenfelt,  "New  Regulations  for  Federal  Indian 
Funds,"  Inequality  in  Education,  Harvard  Center  for  Law  and 
Education,  Number  Ten,  December  1971,  p.  22. 

165.  Bangor  Transcript,  Feb.  7,  1973,  p.  272. 

-  83  - 

E.   Secondary  and  Post-Secondary  Indian  Education 

In  1971  the  Maine  Legislature  set  up  an  Indian 
Scholarship  Committee  to  grant  scholarships  to  any  member 
of  the  Maliseet,  Micmac,  Passamaquoddy ,  and  Penobscot 
Tribes  in  Maine  wishing  to  board  at  a  private  school  or  to 
further  their  post-secondary  education.166   The  fund  has 
been  exhausted  and  the  committee  is  seeking  to  have  the 
appropriation  increased. 

The  University  of  Maine  has  established  a  policy  of 
free  tuition  for  Maine  Indians.   However,  the  policy  is 
being  challenged  in  court  with  the  contention  that  it  dis- 
criminates against  non-Indians . I67 

With  respect  to  vocational  education,  the  policy  of  the 
State  Board  of  Education  is  to  waive  tuition  and  fees  for 
"qualified  and  eligible  North  American  Indians  residing  in 
Maine  who  are  accepted  as  students  at  any  vocational-technical 
institute  or  school  of  practical  nursing.   The  State  will 
subsidize  room  and  board  charges  for  those  Indians  living 
in  school  dormitories.   Academic  qualifications  and  tribal 
eligibility  shall  be  determined  by  the  campus  at  which 
application  is  made.    Although  this  eligibility  applies  to 
all  Maine  Indians,  in  February  1973  only  six  were  enrolled 
in  the  Vocational-Technical  Institute  in  Maine.  16^ 

166.  Chapter  301-A,  Sections  2205-2210  M.R.S.  as  amended. 

167.  Aiken  v.  University  of  Maine,  Supreme  Ct. ,  Penobscot 
Co.  Civ.  Action  #10592,  filed  Jan.  18,  1972.   Pine  Tree  Legal 
Assistance  Inc.  (the  Maine  OEO  Legal  Services  Program)  inter- 
vened on  behalf  of  a  Penobscot  Indian  seeking  to  uphold  the 
free  tuition  policy,  Jan.  17,  1973. 

16  8.   Carroll  R.  McGary,  Commissioner,  Maine  Department  of 
Educational  and_ Cultural  Services  (DECS),  Augusta,  letter  to 
Hon.  Harvey  Johnson,  Chairman,  Maine  Advisory  Committee,  Feb. 
21,  1973,  p.  1 

-  84  - 

F.   Preschool  Indian  Education 

The  Office  of  Child  Development  (OCD)  in  DHEW  generally 
does  not  make  direct  grants  to  any  of  the  Maine  tribal 
governments  for  preschool  Indian  education,  but  it  does 
make  grants  to  community  action  agencies  (CAAs) ,  as  desig- 
nated by  the  Office  of  Economic  Opportunity  where  there 
are  sizeable  Indian  populations . 1*9   However,  at  the  time 
of  the  hearing,  the  Office  of  Child  Development,  Region  I, 
was  working  with  Maine  Indian  representatives  toward  funding 
a  1-year  preschool  program  from  its  unexpended  funds  for 
fiscal  year  1973.  l7tD 

The  Office  of  Child  Development,  through  its  Washington- 
based  Indian  and  Migrant  Program  Division  (IMPD) ,  makes 
grants  for  the  operation  of  Head  Start  programs  on  Federal 
Indian  reservations  directly  to  tribal  governments.   As  of 
August  1972,  the  IMPD  of  OCD  was  funding  Head  Start  programs 
benefitting  approximately  9,000  preschool  children  on  59 
reservations.   Maine  Indians  do  not  benefit  from  any  of 
these  Head  Start  programs. 

The  three  Maine  counties  with  sizeable  Indian  populations 
whose  CAAs  operate  Head  Start  programs  are  Aroostook, 
Penobscot,  and  Washington  Counties.   These  Head  Start  programs 
are  supposed  to  have  a  racial-ethnic  composition  that 
reflects  the  population  in  the  area.   Of  the  approximately 
2,000  children  in  the  14-county  CAA  Head  Start  programs  in 
1973,  4  0  were  American  Indian,  6  were  black,  and  1  was 
Asian  American. 

Aroostook  County  CAA  was  not  represented  at  the  hearing 
although  it  was  invited.   According  to  OCD,  in  February  1973 
there  were  no  Indian  children  of  the  126  participants  in 

169.  Rheable  M.  Edwards,  Assistant  Regional  Director,  Office 
of  Child  Development,  DHEW,  Region  1,  Boston,  Mass.,  state- 
ment submitted  to  the  Maine  Advisory  Committee  Feb.  5,  1973, 
p.  4. 

170.  This  program  was  subsequently  funded  by  the  Office  of 
Child  Development  with  an  18-month  grant  of  $14  8,000  extending 
to  the  end  of  fiscal  year  1975.   Recipient  of  the  grant  was 
the  Maine  Indian  Education  Association. 

-  85  - 

the  Aroostook  County  CAA  Head  Start  program.   OCD  had  no 
racial  breakdown  of  their  summer  Head  Start  program  which 
served  135  children.   Penquis  Community  Action  Agency  (which 
includes  Penobscot  County)  had  10  Indian  children  of  the  265 
Head  Start  participants.   Washington  County  CAA  was  not 
represented  at  the  hearing,  but  the  OCD  provided  some  infor- 
mation concerning  the  Head  Start  programs:   they  had  a  summer 
Head  Start  program  serving  150  children,  30  of  whom  were 
Indian.   Two  of  the  centers  operated  summer  programs  in  space 
provided  by  the  Tribal  Governments  of  Pleasant  Point  and 
Peter  Dana  Point. 

The  Advisory  Committee  was  told  by  the  OCD  that  Indians 
would  need  to  be  represented  on  these  boards  to  insure  that 
they  had  proper  participation  in  the  programs.   The  Advisory 
Committee  found  that  Indians  are  not  so  represented. 

Dr.  Richard  McCann  of  the  U.S.  Office  of  Education  informed 
the  Advisory  Committee  of  a  $52,000  preschool  migrant  program 
funded  by  the  Elementary  and  Secondary  Education  Act  Title  I, 
operating  in  Aroostook  County.   Dr.  McCann  stated,  "Few  Indian 
children  are  involved  in  this  program;  e.g.,  at  Presque  Isle 
of  the  204  pupils  in  the  program,  7  are  Indian."171   Indians 
argued  that  more  Indians  should  be  involved  in  this  program 
since  Indians  composed  a  major  portion  of  the  migrant  labor 
force  in  the  county. 

171.   Richard  V.  McCann,  Assistant  Regional  Commissioner,  U.S 
Office  of  Education,  DHEW,  Region  1,  Boston,  Mass.:   "Office 
of  Education  Services  and  the  Maine  Indian,"  Statement 
prepared  for  the  Maine  Advisory  Committee  hearings  submitted 
Feb.  5,  1973,  pp.  13-14. 

-  86  - 


1.  That  Maine's  Department  of  Education  and  Cultural 
Services,  with  significant  Indian  input,  submit  a  plan  to 
the  Federal  Government  for  Johnson-O'Malley  funds  for  Maine 
Indian  education. 

2.  That  the  Federal  Indian  Education  Advisory  Board  include 
eastern  Indian  representation  to  insure  that  Maine  Indians 
have  input  into  the  policy. 

3.  That  Maine's  Department  of  Education  and  Cultural 
Services  and  the  Federal  Office  of  Education  insure  that 
Maine  Indians  are  receiving  their  share  of  Elementary  and 
Secondary  Education  Act  Title  I  funds. 

4.  That  the  recommendations  of  the  Maine  Education  Council 
to  the  Department  of  Education  and  Cultural  Services  be 
implemented,  creating  a  supervisor  of  off-reservation  Indian 
education  who  should  be  an  Indian. 

5.  That  Indians  be  appointed  to  any  proposal-writing  teams 
for  any  programs  being  proposed  for  Indian  education;  further- 
more, that  Indian  School  Committee  members  be  informed  of 

the  funding  for  their  programs,  and  that  they  be  provided 
annually  the  budgets  for  school  programs  and  an  accounting  of 
how  funds  are  spent. 

6.  That  an  outreach  program  be  established  to  encourage 
Indians  to  take  advantage  of  the  post-secondary  education  pro- 
grams available  to  them  in  Maine,  and  that  the  post-secondary 
schools  be  sensitized  to  Indian  culture  and  educational  needs. 

7.  That  the  Office  of  Child  Development,  DHEW,  Region  I,  and 
the  Office  of  Economic  Opportunity  insure  that  Maine  Indians 
receive  proper  representation  on  the  community  action  agency 
boards  in  Aroostook,  Penobscot,  and  Washington  Counties,  so 
that  Indian  children  may  participate  fully  in  Head  Start 

-  87  - 


Because  of  the  social  and  economic  problems  of  the 
Maine  Indian  community,  many  Indian  children  have  been  placed 
in  foster  care  homes.   As  in  other  parts  of  the  country, 
Indians  in  Maine  find  this  solution  to  a  problem  a  grave 
problem  in  itself.   The  ratio  of  Maine  Indian  children  in 
foster  care  is  one  in  eight — 16  times  the  general  population 
rate  of  1  in  128. 172 

Only  4  of  the  136  Indian  children  in  the  State  foster 
care  program  are  in  Indian  homes. 17-^   This  means  that  both 
the  children  and  the  Indian  community  suffer  from  deculturation. 
The  Maine  Department  of  Health  and  Welfare  (DHW)  has  been 
involved  with  Indian  representatives  in  identifying  potential 
Indian  foster  homes.   This  effort,  however,  has  identified 
only  three  potential  foster  homes  and  the  licensing  of  one.174 

Robert  Wyllie,  Director  of  the  Maine  Bureau  of  Social 
Welfare,  told  the  Advisory  Committee  that  the  greatest  impedi- 
ment  to  licensing  Indian  homes  for  foster  care  is  sub- 
standard physical  condition  of  the  homes.175   Otherwise,  he 
said,  the  homes  would  be  fit  to  care  for  the  children.   As 
discussed  previously,  many  of  these  homes  now  judged  inadequate 
for  child  care,  were  constructed  under  DHW  supervision  on  the 
Passamaquoddy  Reservations. 

The  Advisory  Committee  wanted  to  know  specifically  why 
there  are  so  few  Indian  foster  homes,  and  if  anything  is  being 
done  to  assist  potential  Indian  foster  parents  to  bring  their 
homes  up  to  standards  required  by  the  foster  care  program. 

172.  Bangor  Transcript,  Feb.  7,  1973,  p.  214 

173.  Ibid. ,  p.  227. 

174.  Ibid. ,  p.  216. 

175.  Ibid. ,  p.  228. 

Mr.  Wyllie  indicated  that  the  Department  of  Health  and 
Welfare  is  trying  to  identify  and  license  additional  Indian 
homes  for  foster  care   and  to  assure  that  Indian  children 
not  in  Indian  foster  homes  are  afforded  opportunities  to 
understand  their  unique  rights  and  cultural  heritage. 
Mr.  Wyllie  reported: 

We  have  no  money  specifically  which  we  could 
tap,  if  that's  your  question,  to  help  Indian 
families  upgrade  their  homes  so  they  could 
in  fact  meet  licensing  standards.   One  of  the 
intentions  which  we  have  been  discussing  with 
the  representative  from  the  Indian  community 
regarding  this  project  is  the  identification 
of  some  funds  in  that  financing,  which  could 
be  used  specifically  to  in  fact  upgrade  some 
of  these  homes  so  that  they  could  be  licensed.  76 

The  funds  referred  to  by  Mr.  Wyllie  are  Federal  funds 
from  the  Minority  Services  Division  of  Social  and  Rehabili- 
tation Service  of  DHEW.   Iola  Hayden,  Director  of  the 
Minority  Studies  Division  of  HEW,  told  the  Advisory  Committee 
that  a  foster  care  program  was  one  of  the  priorities  of  the 
Indian  unit  of  the  Minority  Studies  program.  ''   However, 
since  the  hearing,  Ms.  Hayden  has  left  the  division  which 
was  then  dismantled. 178 

176.  Bangor  Transcript,  Feb.  7,  1973,  p.  228. 

177.  Ibid.,  Feb.  8,  1973,  pp.  160-165. 

178.  Ms.  Hayden  left  the  division  in  May  1973.   The 
Minority  Studies  Division  was  part  of  the  Research  and 
Demonstration  branch,  Social  and  Rehabilitation  Service, 
DHEW,  Washington,  D.C. 

-  89  - 


1.  That  Maine's  Department  of  Health  and  Welfare  identify 
and  secure  Federal  funds  to  upgrade  potential  Indian  foster 
homes  for  Indian  children,  and  that  Maine's  Department  of 
Health  and  Welfare  upgrade  the  homes  which  it  built  on  the 
Passamaquoddy  Reservation. 

2.  That  the  U.S.  Commission  on  Civil  Rights  initiate  a 
national  Indian  foster  care  project  to  determine  if  there  is 
massive  deculturation  of  Indian  children. 

-  90  - 


Maine  Indians  do  not  treat  welfare  as  the  focus  of 
their  complaints.   However,  given  their  low  economic  position 
in  Maine  society,  welfare  programs  directly  affect  many 
Indians . 

Robert  Wyllie,  Director  of  the  Bureau  of  Social  Welfare, 
described  the  bureau's  responsibilities: 

The  Bureau  of  Social  Welfare  is  delegated  the 
responsibility  for  administering  the  categorical 
Public  Assistance  Titles  IV-A,  IV-B,  and  XVI  of 
the  Social  Security  Act.   These  specifically  fund 
the  programs  known  as  AFDC  (Aid  to  Families  with 
Dependent  Children) ,  Child  Welfare  (for  example, 
protective  services,  foster  care),  Aid  to  the  Aged, 
Blind,  and  Disabled.   In  addition,  we  are  delegated 
the  responsibility  for  providing  a  wide  range  of 
social  services  to  the  above  categorical  recipients 
and  selected  former  and  potential  recipients  of  these 
identified  programs.   Further,  we  retain  the  respon- 
sibility for  administering  the  State  General  Assis- 
tance program,  Food  Stamps  and  Donated  Commodity 
programs.   The  major  additional  social  service 
program  which  we  administer  is  the  Older  Americans 
Act.   In  State  plans,  policies,  regulations,  des- 
criptive pamphlets,   hiring  procedures,  staff 
training  associated  with  these  programs  there  is  a 
verbal  or  written  commitment  to  the  agency's 
position  of  non-discrimination  because  of  race,  color 
or  national  origin.  1*79   (Emphasis  added) 

Although  the  pervasive  poverty  in  the  Maine  Indian  com- 
munities is  proportionately  higher  than  in  the  Maine  population 
at  large,  the  Citizens'  Advisory  Board  of  the  Bureau  of  Social 
Welfare  has  no  Indian  representation. 180   The  Advisory 

179.  Bangor  Transcript,  Feb.  7,  1973,  pp.  212-213. 

180.  Ibid.,  p.  234,  Mr.  Wyllie:   "To  my  knowledge  there  are 
no  Indians  on  any  of  our  boards  of  advisory  committees,  much 
to  my  chagrin.   And  that  was  pointed  out  the  last  time  we 
met  with  representatives  from  the  Indian  community.   There 
will  be  some  corrective  action  taken  in  that  regard." 

91  - 

Committee  was  informed  by  the  Social  and  Rehabilitation 
Service  (SRS)  in  DHEW,  Region  I: 

There  are  no  compliance  issues  between 
SRS  and  the  State  Welfare  Agency  as  to 
its  responsibility  for  services  to  the 
Indians  in  Maine  which  would  indicate 
a  criticism  of  those  programs  admin- 
istered by  the  State  of  Maine. 181 

The  Maine  Department  of  Indian  Affairs  (DIA)  is  respon- 
sible for  the  emergency  welfare  needs  of  reservation 
Indians. ^82   Nicholas  Dow,  Chairman  of  the  Penobscot  Tribal 
Council,  told  the  Advisory  Committee  the  following  in 
regard  to  Indian  agents: 

The  Department  of  Indian  Affairs  is  in 
charge  of  emergency  welfare  disbursement 
and  to  my  knowledge  there  is  no  set 
policy  for  the  Indian  agents  that  dis-1- 
burse.   In  other  words,  at  their  own 
discretion.   I  feel  that  there  should 
be  some  sort  of  set  procedure  on  this.l°3 

John  Stevens,  Commissioner  of  Indian  Affairs,  told  the 
Advisory  Committee  that  the  disbursement  of  welfare  is  very 
time  consuming,  inefficient,  and  inequitable.   With  the 
rising  unemployment  among  Indians,  many  are  returning  to 
the  reservation  and  the  DIA  simply  will  not  be  able  to  meet 
their  welfare  needs,  he  said.   Commissioner  Stevens  said  that 
he  advocates  direct  grants  to  the  tribes  so  they  can  handle 
their  own  welfare  without  having  to  go  through  a  bureaucracy. 
If  the  tribes  wish  to  use  the  funds  for  economic  development 
instead  of  welfare  payments,  he  said,  then  they  will  be  in  a 
position  to  make  such  a  decision. 184 

181.  Neil  P.  Fallon,  Regional  Commissioner,  Social  and  Rehab- 
ilitation Service,  DHEW,  Region  1,  Boston,  Mass. ,  statement 
submitted  to  the  Advisory  Committee   Feb.  1,  1973,  by  Harold 
Putnam,  Regional  Director,  DHEW,  Boston,  p.  11. 

182.  Chapter  1353,  Section  4771,  M.R.S.  as  amended 
CPenobscots) ;  Chapter  1355,  Section  4837,  M.R.S.  as  amended 
(Passamaquoddy) . 

183.  Bangor  Transcript,  Feb.  8,  1973,  p.  195. 

184.  Bangor  Transcript,  Feb.  7,  1973,  p.  31. 

-  92  - 
Mr.  Wyllie  stated: 

Emergency  welfare  needs  of  Indian  families 
living  off  the  reservations  are  handled 
through  the  respective  local  welfare 
officials,  subsequently  reviewed,  and 
reimbursed  by  our  State  General  Assistance 
Unit.   Our  heaviest  general  assistance 
expenditures  in  behalf  of  Indians  occur 
in  the  town  of  Houlton  and  surrounding 
communities. 185 

In  response  to  questions  by  Advisory  Committee  members, 
Mr.  Wyllie  indicated  his  office  did  not  have  figures  on  the 
number  of  Maliseet  and  Micmac  categorical  assistance  reci- 
pients in  Aroostook  County,  of  which  Houlton  is  the 
county  seat. 186 

Further  questioning  of  Mr.  Wyllie  concerning  the  payment 
of  welfare  benefits  to  non-reservation  Indians  resulted  in 
the  following  testimony: 

Mr.  Wyllie:   I  think  you  would  know  also 
that  the  policies  of  the  town  would  vary 
from  municipality  to  municipality,  even 
though  the  source  of  the  money  is  the 
same.   The  source  of  the  money  would  be 
general  assistance,  but  technically  the 
need  is  reviewed,  assessed.   The  action 
is  taken  by  the  municipal  official. 

Mr.  Kapantais  (Advisory  Committee  member) : 
Is  that  under  supervision  from  you? 

Mr.  Wyllie:   Our  supervision  would  simply 
be  looking  at  those  bills  and  discussing 
them  with  a  local  municipal  official.   But 
in  fact,  if  the  bill  had  been  incurred,  we 
would  in  fact  reimburse  them. 

Mr.  Kapantais:   But  the  decision  of  whether 
or  not  to  let  the  bill  become  incurred  by 
the  town  is  left  up  to  the  local  official? 

185.  Bangor  Transcript,  Feb.  7,  1973,  p.  214. 

186.  Bangor  Transcript,  Feb.  7,  1973,  p.  218. 

-  93  - 

Mr.  Wyllie:   That's  right. 

Mr.  Kapantais:   Even  though  it's/  so  to 
speak,  your  money? 

Mr.  Wyllie:   Correct 


Robert  Moore,  attorney  for  the  Association  of  Aroostook 
Indians  in  Houlton,  elaborated  on  this  problem: 

. . .Now  there  is  a  provision  in  the  Statutes 
of  Maine,  that  under  the  settlement  laws 
off-reservation  Indians  are  non-settled 
people,  and  the  general  assistance  of  the 
State  will  pay  or  reimburse  for  any  expenses 
paid  by  the  town  incurred  through  Indians. 
It  is  not  restricted  to  Passamaquoddy  and 
Penobscot  Indians.   And  what  in  fact  happens 
generally  I  would  suspect — this  was  brought 
up  yesterday  and  denied — is  that  Indians,  for 
instance,  in  Houlton  would  go  to  the  local 
overseer  and  get  a  town  order,  and  that  town 
order  would  then  enable  him  to  go  down  to  the 
grocery  store  and  buy  a  quantity  of  food.   And 
he  would  then  be  required,  if  he's  physically 
able,  to  work  for  the  town,  usually  the  town 
highway  department.   Now  the  town  then  is 
usually  reimbursed  by  the  State,  from  the  State 
general  assistance  fund  for  the  money  that  is 
paid  out  in  this  town  order.   So,  what  the 
State  has  done,  instead  of  assisting  the  Indian, 
it's  actually  subsidizing  the  town  highway 
department.   And  I  think  this  is  a  very  serious 
thing  that  should  be  straightened  out  with  the 
Department  of  Health  and  Welfare.   I  think  it 
would  be  wise  for  the  record  to  indicate  that 
this  is  occurring.   The  other  thing  is  the 
guidelines  for  issuance  of  general  assistance 
should  be  made  statewide. 188 

187.  Bangor  Transcript,  Feb.  7,  1973,  pp.  219-220. 

188.  Bangor  Transcript,  Feb.  8,  1973,  pp.  184-185.   Mr.  Moore 
is  now  engaged  in  the  private  practice  of  law  at  Island  Falls, 
Me.,  and  advised  by  letter  of  Dec.  13,  1973,  that  the  sections 
of  Maine  law  (22  M.R.S.A.  Section  4451,  et  seq. )  establishing 
settlement  laws  were  repealed  during  the  1973  legislative 
session.   Whether  such  repeal  affects  Ch.  1353,  Section  4722 
or  Ch.  1355,  Section  4837,  pertaining  to  relief  of  off-reser- 
vation Indians  by  towns  and  providing  for  reimbursement  by  DHW, 
is  not  clear.   Commission  files. 

-  94  - 


1.  That  the  Social  and  Rehabilitation  Service,  DHEW,  establish 
a  line  of  responsibility  to  assure  that  funds  made 
available  to  Maine's  Department  of  Health  and  Welfare 

for  Indians  are  used  to  serve  Indians. 

2.  That  a  unit  be  established  within  the  Department  of 
Health  and  Welfare,  with  Indian  personnel,  to  assist 
in  the  monitoring  of  Federal  funds  designated  for  use 
by  Maine  Indians. 

3.  That  guidelines  for  general  assistance  be  made  statewide 
and  adequate  records  kept  of  the  number  of  Indians  receiving 
general  assistance  for  emergency  needs  and  how  long  they 
are  receiving  it. 

4.  That  Maine's  Department  of  Indian  Affairs  be  authorized 
to  make  direct  grants  to  the  tribal  governments  so  they 
can  handle  their  own  welfare  and  rehabilitation. 

-  95  - 


Because  of  time  limitations,  the  Advisory  Committee's 
review  of  the  law  enforcement  problems  of  Maine  Indians  was 
limited.   Nonetheless,  testimony  at  the  Bangor  hearings 
revealed  serious  problems  in  the  relationship  of  Indians  to 
the  criminal  justice  system.   Allegations  were  made  of  unfair 
treatment  by  local,  county,  and  State  police,  as  well  as  the 

courts  and  the  bail  system. 

State  Police 

A  key  witness  at  the  Advisory  Committee's  hearing  was 
the  late  Col.  Parker  Hennessey,  then  Commissioner  of  the 
Maine  Department  of  Public  Safety.   Colonel  Hennessey  dis- 
cussed one  incident  which  took  place  in  1967  at  the  Pleasant 
Point  Passamaquoddy  Reservation  and  which  received  wide 
publicity  at  the  time.   This  incident,  involving  11  State 
Police  officers,  had  raised  allegations  of  racism  which  were 
subsequently  investigated  by  the  Civil  Rights  Division  of 
the  U.  S.  Department  of  Justice  and  by  the  Governor's  Task 
Force  on  Human  Rights.   Colonel  Hennessey  termed  this  incident 
an  "over-reaction"  and  denied  that  it  involved  any  racism. 
At  the  request  of  the  Advisory  Committee,  he  agreed  to 
provide  a  copy  of  the  Justice  Department's  report. 189 

In  subsequent  communication  with  the  Advisory  Committee, 
Colonel  Hennessey's  deputy  indicated  that  the  Department  of 
Public  Safety  had  never  had  a  copy  of  the  Civil  Rights  Division 
report  on  the  incident.  ■*•'" 

The  Advisory  Committee  asked  Colonel  Hennessey  if  there 
were  training  programs  for  State  Police   and  other  law  enforce- 
ment officials   to  provide  sensitivity  training  in  relation 

189.  Bangor  Transcript,  Feb.  8,  1973,  pp.  83-84;  see  also 
letter  from  Jacques  E.  Wilmore,  Regional  Director,  U.S.  Com- 
mission on  Civil  Rights,  New  York  Regional  Office,  to  Col. 
Parker  Hennessey,  Commissioner,  Department  of  Public  Safety, 
State  of  Maine,  Feb.  20,  1973,  requesting  the  document. 
Commission  files. 

190.  Lt.  Col.  Donald  E.  Nichols,  Deputy  Chief,  Maine  State 
Police,  Augusta,  letter  to  Jacques  E.  Wilmore,  Feb.  26,  1973 
Commission  files. 

-  96  - 

to  the  history  and  culture  of  Indians.   Colonel  Hennessey 
agreed  that  such  training  was  desirable,  and  made  a  commit- 
ment to  develop  such  a  program. 191 

The  Advisory  Committee  also  questioned  Colonel  Hennessey 
about  disciplinary  action  taken  against  a  State  Police 
officer  in  Washington  County  against  whom  allegations  of 
racism  had  been  made.   Colonel  Hennessey  said  that  disciplinary 
action  had  been  taken  in  1969  and  1972  and  the  officer  was 
then  transferred  from  Washington  County  to  Aroostook  County. 
Members  of  the  Advisory  Committee  questioned  this  action  and 
pointed  out  that  approximately  half  of  Maine's  off-reservation 
Indians  live  in  Aroostook  County. 192 

With  respect  to  the  employment  of  Indians  in  the  State 
Police  Department,  Colonel  Hennessey  acknowledged  that  there 
was  need  for  a  special  recruitment  program  and  submitted  a 
copy  of  guidelines  for  minority  recruitment  which  he  had 
received  during  a  law  enforcement  conference  in  Washington, 
D.  C.193   He  said  that  a  special  effort  would  be  made  by  the 
State  Police  to  recruit  Indians,  and  that  he  would  seek  to 
change  regulations  such  as  the  height  requirement  which  tends 
to  limit  the  opportunities  of  Indians. 194   However,  there  was 
no  allotment  in  the  budget  of  the  Department  of  Public  Safety 
to  provide  funds  for  a  recruitment  program. 195 

Whether  Colonel  Hennessey's  successor  will  honor  commit- 
ments he  made  remains  to  be  seen. 

191.  Bangor  Transcript,  Feb.  8,  1973,  p.  89. 

192.  Ibid. ,  p.  84. 

193.  Ibid.,  pp.  94-95,  and  103. 

194.  Ibid. ,  pp.  103-104. 

195.  Ibid.,  p.  96. 

-  97  - 

Jurisdiction  on  the  Reservation 

Each  of  the  three  reservations  has  an  Indian  constable 
appointed  by  the  respective  Tribal  Councils.   These 
constables  are  responsible  for  enforcing  Indian  and  Maine 
laws  on  the  reservations.-*-^"   In  the  line  of  duty,  they 
sometimes  must  work  with  local,  county,  and  State  police. 
The  Advisory  Committee  was  told  this  working  relationship 
is  often  one-sided,  and  non-Indian  law  enforcement  officers 
treat  Indian  constables  with  disrespect   and  sometimes 
harass  them. 197   Tribal  officials,  moreover,  are  prevented 
from  setting  regulations  such  as  speed  limits  because  of 
the  State  jurisdiction  over  their  land. 198 

Albert  Harnois,  constable  at  Indian  Township,  told  the 
Advisory  Committee  of  problems  related  to  the  District 
Court  in  Calais  and  of  the  lack  of  equipment: 

My  problem  is  with  the  District  Court  in 
Calais...  A  couple  of  weeks  ago  I  was 
beaten  up  while  I  was  arresting  a  person. 
The  next  day  I  went  down  there  to  try  to 
make  a  complaint,  the  court  clerk  refused 
to  make  a  complaint,  so  she  said  to  either 
talk  to  the  sheriff's  department  or  the 
State  police.   The  local  State  police 
refused  to  help  me  in  any  way.   But  the 
deputy  sheriff  did  write  up  what  had  happened, 
but  then  I  have  trouble  getting  the  complaint 
made  just  the  same.   So,  at  that  time  the 
county  attorney  wasn't  in.   So  I  got  the 
secretary  to  get  in  touch  with  him.   This  was 
about  seven  or  eight  hours  afterwards.   And 
I  got  in  touch  with  the  county  attorney, 
and  then  he  just  wanted  a  detoxification  charge 
to  be  made  out,  he  wanted  to  drop  the  other 
charges  that  I  had  on  the  other  people,  because 
I  had  assault  on  a  police  officer,  interfering 

196.  Authorized  by  Chapter  1351,  Section  4716,  M.R.S.,  1964, 
as  amended. 

197.  Bangor  Transcript,  Feb.  8,  1973,  pp.  349-50,  Albert 
Harnois,  constable,  Indian  Township. 

198.  Ibid.,  p.  354,  Raymond  Moore,  constable,  Pleasant 

-  98  - 

with  a  police  officer,  besides  arresting 
one  person.   Then  I  told  the  county  attorney 
that  if  he  didn't  make  the  complaints  out, 
I  would  resign  my  position  as  a  constable 
and  I  would  state  the  reason  why  I  resigned. 
So  then  he  changed  his  mind  about  making 
that  complaint,  and  he  told  the  clerk  to  make 
the  complaints  now. 

And  then  my  other  problem  is  police  equipment, 
trying  to  get  police  equipment  for  myself  so 
I  can  do  the  job  properly.   I  tried  the  Indian 
Affairs  Department,  they  refused  to  give  me  the 
equipment  that  I  need.   I  also  went  to  the 
Attorney  General,  but  he  said  he  couldn't  do 
anything  about  it,  it  was  up  to  the  Indian 
Affairs  Department.   So,  the  only  thing  I  have 
right  now  belongs  to  the  State,  just  a  badge. 199 

Raymond  Moore,  constable  at  the  Pleasant  Point  Reser- 
vation, further  illustrated  the  problems  faced  by  Indian 

...we  are  receiving  lack  of  cooperation  from  the 
town  police,  from  the  sheriff's  department  in 
Washington  County,  and  from  the  State  police,  the 
State  of  Maine.   For  instance,  like  we  are  put 
there,  we  sign  the  contract  through  the  Depart- 
ment of  Indian  Affairs,  the  governing  body  of  the 
reservation  elects  us  to  do  the  job  that  we  are 
supposed  to  do  on  the  reservation.   But  if  we  don't 
have  no  equipment,  no  matter  how  much  knowledge, 
or  how  much  schooling  that  we  have,  if  you  don't 
have  the  equipment  to  work  with  there  is  nothing 
that  anybody  can  do.   Now,  this  is  the  reason  why 
I  said  we  don't  have  no  cooperation  from  outside. 

For  instance,  if  you  have  a  case  of  breaking  and 
entering.   The  first  thing  you've  got  to  have, 
the  first  thing  you've  got  to  obtain  is,  for 
instance,  like  a  fingerprint  kit.   That's  the 
reason  why  you  call  these  people  in  to  do  the 
job  for  us.   It  seems  to  me  every  time  I  call 

199.   Bangor  Transcript,  Feb.  8,  1973,  pp.  349-350 

-  99  - 

the  State  police  or  the  sheriff's  department, 
or  the  local  police  to  assist  us  on  these 
cases,  that  they  often  tell  us,  it's  my  day 
off.   Now,  if  this  was  like  one  occasion,  in 
one  week  I  had  three  occasions  of  calling  the 
State  police,  to  assist  me  on  a  case,  which 
he  has  the  equipment  to  do  it  with,  but  he  tells 
me  that  it's  his  day  off.   I  don't  know  how 
many  times  the  State  allows  for  his  boys  to  be 
on  his  day  off.   But  this  is  the  kind  of  thing 
that  we  are  faced  up  to. 

We  are  capable  as  constables  and  as  police 
officers  to  carry  out  our  duties,  and  I  think 
we  have  that  knowledge. 200 

Constable  Moore  told  the  Advisory  Committee  of  his 
problems  with  the  District  Court  in  Calais.   On  one  occasion, 
he  said,  it  was  necessary  for  him  to  arrest  a  white  motorist 
who  had  failed  to  stop  for  a  stop  sign: 

...and  then  I  went  up  to  the  clerk  of  the  court 
in  Calais  and  I  filed  a  complaint,  which  I  was 
refused.   It  was  a  white  man.   And,  as  a  matter 
of  fact,  the  clerk  of  the  court  told  me,  I  don't 
give  a  damn  who  you  are  but  you  ain't  going  to 
get  it.   I  took  it  up  in  front  of  the  judge,  and 
as  a  matter  of  fact,  I  had  a  hard  time,  it  took 
me  four  days  before  I  could  file  a  complaint 
against  this  man. . . 

But  as  far  as  an  Indian  being  brought  in  to  these 
courts,  and  as  a  matter  of  fact  the  facts  show, 
and  these  things  cannot  be  denied,  right  there 
in  Calais,  we  are  having  hard  times  with  the 
white  people,  but  even  getting  a  warrant  for  the 
arrest  and  as  far  as  bail  money  goes,  if  an  Indian 
is  being  arrested,  his  bail  is  double  than  that 
of  any  other  person. 2 01 

Constable  Moore  said  that  Indian  constables  had  to 
function  without  the  equipment  necessary  to  perform  the  job. 
He  complained  of  the  lack  of  cooperation  from  other  law 
enforcement  officials: 

200.  Bangor  Transcript,  Feb.  8,  1973,  pp  .  351-352. 

201.  Ibid. ,  pp.  352-353. 

-  100  -  a  matter  of  fact,  if  there  is  money 
appropriated  for  the  law  enforcement  agencies, 
somebody  else  gets  it  first  before  we  do.   And 
as  of  right  now,  we  are  working,  we  don't  have 
no  radio,  or  communications  in  our  cars,  we 
don't  have  no  cameras,  we  don't  have  anything  to 
work  with.   That  is  the  reason  why  that  we  are, 
as  a  matter  of  fact,  I  am  very  glad  to  say  this, 
at  this  time,  every  time  that  we  want  any  outside 
help,  we  can't  get  it.   I  know  that  there  is  a 
discrimination  against  us.   As  a  matter  of  fact, 
they  laugh  at  us  sometimes.   As  a  matter  of  fact, 
my  fellow  constable  here  lives  about  fifty  miles 
away  from  me  has  the  same  trouble.   And  I  am  sure 
that  he  is  aware,  and  I  am  sure  that  everybody  is 
aware  of  the  situation  that  we  are  in. 202 

David  Koman ,  of  the  Criminal  Justice  and  Law  Enforcement 
Planning  Division  of  the  Eastern  Maine  Development  District, 
questioned  about  the  right  of  reservation  constables  to 
enforce  State  laws,  replied: 

They  can  within  the  confines  of  the  reservation. 
In  other  words,  any  road,  say  a  State  highway, 
runs  through  the  reservation.   They  have  the 
right  to  enforce  State  laws  on  that  highway. 203 

On  Route  1  through  Indian  Township,  which  is  thickly 
settled  and  a  pedestrian  area,  the  speed  limit  is  35  miles 
per  hour,  but  one-half  a  mile  outside  the  reservation  in  the 
town  of  Princeton  the  speed  limit  is  15  miles  per  hour.   The 
Passamaquoddy  Governors  have  attempted  for  years  to  persuade 
the  Maine  Department  of  Public  Safety  to  simply  change  the 
zones  to  insure  the  safety  of  people  living  on  the  adjacent 
land  since  deaths  have  resulted  from  speeding  traffic. 204 
Governor  Eugene  Francis,  of  Pleasant  Point,  has  also  been 
trying  for  years  to  get  a  blinker  on  Route  190  to  safeguard 
the  crossing  of  school  children.   The  State  has  not  met  his 
request. 205   Constable  Moore  told  of  his  efforts  regarding 
Rouge  190: 

202.  Bangor  Transcript,  Feb.  8,  1973,  pp.  353-354. 

203.  Ibid.,  p.  128. 

204.  Bangor  Transcript,  Feb.  8,  1973,  pp.  216-217,  Gov. 
Allen  Sockabasin,  Indian  Township. 

205.  Ibid.,   P-  354. 

-  101  - 

I  have  been  fighting  with  the  highway  com- 
missioner ever  since  I've  been  on  to  reduce 
the  speed  zone  on  that  Route  190,  which  is 
very  dangerous.   The  reason  why  I  say  that, 
there  has  been  many  people  that  has  got  killed 
on  that  main  highway  that  runs  off  right  there 
on  the  reservation.   And  as  a  matter  of  fact,  my 
son  was  one  of  them.   And  ever  since  then,  they 
put  up  signs,  fifty  miles  an  hour,  and  then 
another  ten  feet  there's  another  sign  that 
say's  forty-five,  and  then  another  twenty  feet 
there  will  be  another  sign  that  says  sixty  miles 
an  hour.   And  this  is  awfully  confusing  to  some 
people.   The  reason  why  it  is  confusing  is 
because  a  forty-five  mile  per  hour  zone  sign  is 
yellow.   And  these  are  what  they  call  courtesy 
signs,  but  the  original,  black  and  white  signs 
say  fifty. 

And  I  had  the  occasion  of  investigating  an 
accident  here  about  two  weeks  ago.   As  a  matter 
of  fact,  I  just  got  out  of  the  hospital.   I  was 
laid  up  for  about  six  days.   While  I  was 
investigating  the  accident  another  car  ran  over 
me  and  my  cruiser.   And  my  dome  light  was  on,  and 
my  flasher  was  on,  and  as  a  matter  of  fact,  there 
was  a  policeman  on  the  other  side,  he  had  his 
blue  light  on.   But  this  fellow  from  Eastport 
didn't  take  no  heed  of  even  slowing  down  whatsoever, 
And  I  guess  he  struck  me  up  in  the  air  for  about 
ten  feet,  and  I  was  blacked  out,  and  like  I  said, 
this  road  is  very  dangerous . 206 

206.   Bangor  Transcript,  Feb.  8,  1973,  pp.  354-355 

-  102  - 
C.   Proposed  Indian  Police  Department 

Indian  constables  told  the  Advisory  Committee  that 
training,  equipment,  pay,  and  fringe  benefits  for  Indian 
constables  were  either  grossly  inadequate  or  non-existent. 
The  Advisory  Committee  was  told  that  a  proposal  has  been 
prepared  for  the  establishment  of  an  Indian  Police  Depart- 
ment which  would  be  financed  by  an  18-month  grant  of 
$88,553  from  the  Federal  Law  Enforcement  Assistance 
Administration  XLEAA) •   Tne  proposal  is  designed  to  give 
Indians  the  tools  to  deal  with  reservation  law  enforcement 
problems.   It  will  reduce  the  necessity  for  calling  on  out- 
side police  services   and  thereby  reduce  jurisdictional 
problems.   The  program  would  include  the  training  of  Indian 
constables  at  the  U.  S.  Indian  Police  Academy  on  the  special 
problems  relating  to  enforcing  the  law  on  reservations.   It 
would  also  establish  an  Indian  Police  Advisory  Board  of  seven 
members;  the  Governor  of  each  of  the  three  Maine  Indian 
reservations,  or  his  representative. . .one  representative  of 
the  Washington  County  Sheriff's  Department,  one  representative 
of  the  Penobscot  County  Sheriff's  office,  one  representative 
of  the  Police  Department  of  the  City  of  Calais,  and  one 
representative  of  the  Police  Department  of  the  city  of  Old 
Town. 207 

Since  the  hearings  this  proposal  has  been  funded. 

207.   "Upgrading  Indian  Police  Services  for  Maine  Indian 
Reservations,"  Application  for  Grant  Discretionary  Funds,  Law 
Enforcement  Assistant  Administration,  U.  S.  Dept.  of  Justice, 
submitted  by  the  Maine  Department  of  Indian  Affairs,  1973. 

-  103  - 


1.  That  Maine's  Department  of  Public  Safety  change 
the  speed  zones  requested  by  the  Indian  Tribes  on 
State  roads  through  reservation  land  and  erect  a 
caution  light  on  the  road  on  the  Pleasant  Point 
reservation  land.   The  Maine  Department  of  Public 
Safety  should  establish  some  mechanism  to  deal 
with  Indian  requests  regarding  State  roads  which 
traverse  their  reservations. 

2.  That  Maine's  Department  of  Public  Safety  make  an 
effort  to  recruit  and  train  Indians  for  the  State 
Police  and  remove  any  written  or  unwritten  restric- 
tions which  may  tend  to  discriminate  against  Indian 
applicants  for  employment. 

3.  That  Maine's  Department  of  Public  Safety  give 
sensitivity  training  to  the  State  Police  regarding 
Indians  and  laws  governing  the  Indian  reservations. 
And  that  Maine's  Police  Academy  provide  sensitivity 
training  in  regard  to  Indians  for  all  trainees  and 
cooperate  with  the  proposed  Indian  Police  Department 
by  providing  training  to  the  Indians  who  are  hired. 

4.  That  the  Maine  State  Legislature  enact  legislation 
to  continue  the  funding  of  the  Maine  Indian  Police 
Department  and  that  this  Department  be  made  a  part 
of  the  Department  of  Indian  Affairs. 

-  104  - 



The  Honorable  C.B.  Morton 

Department  of  the  Interior 
Washington,  D.C. 

On  behalf  of  the  Maine  Congressional  Delegation,  I 
am  writing  concerning  the  rights  of  Maine  Indians  to  receive 
services  from  the  Federal  Government.   We  would  greatly 
appreciate  it  if  you  could  indicate  whether  the  Indians  in 
Maine  are  eligible  to  receive  services  provided  by  the  Bureau 
of  Indians  Affairs  pursuant  to  the  Snyder  Act,  42  Stat.  208, 
25  U.S. C.  13.   If  you  consider  any  of  Maine  Indians  to  be 
ineligible  for  Snyder  Act  services,  please  indicate  your 
reasons . 

As  the  Maine  Congressional  Delegation  is  meeting  next 
Tuesday,  April  3,  we  would  greatly  appreciate  having  this 
information  prior  to  the  meeting. 

Thank  you  for  your  prompt  consideration. 


Edmund  S.  Muskie 
United  States  Senator 

-    105    - 


United  States  Department  of  the  Interior 

WASHINGTON,  D.C.     20240 

APR  2     >973 

Dear  Senator  I-Iuskie: 

In  response  to  your  telegram  concerning  eligibility  of 
Maine  Indians  to  receive  Federal  services,  the  Department 
of  the  Interior  has  taken  the  position  that  no  relation- 
ship was  or  ever  has  boon  established  by  way  of  treaty, 
agreement  or  statute  between  the  Maine  Indians  and  the: 
United  States  and  that,  therefore,  the  Tassai.iaquoddy  and 
Penobscot  Indians  are  ineligible,  for  services,  from  the 
Bureau  of  Indian  Affairs. 

However,  the  issue  of  eligibility  is  presently  invo 
in  a  lawsuit  entitled  Joint  Tribal  Council  of 'the 
Passanaquoddv  Tribe  .  e  t  al .  v.  Morton .  c  t  al.  ,  (U.S 

Maine,  No.  19o0)  ,  where  the  tribe  is  seeking  a 
declaratory  judgment  that-  it  is  entitled  -  to  recogni 
and  redress  by  the  United  States,  especially  by  the 
action  against  the  State  of  Maine 
lands  and  the  deprivation  of  its 

Government  taking 
the  taking  of  its 
sovereign  rights. 

.D.C.  , 

Siitcerc'ly    yours,-    -   rf 

(    /    ^oy-icitor 

Jlenorablc    Edmund    S.    Hue  lei. 
United    St ."  t e s    i> c ;i a t e 
Washington,    D.    C. 

camj         m  nc  ^^  -    106    - 

JO.-.W   ,  y^C^LLAN,  ARK.  CHARLES  H.  P       C'\  :i_L. 


AbftA.-v,   RIBJCOFF,  CONN. 
1    VES  D.  ALLEN,  ALA. 


QICrcHcb  J£>taie&  ^>wale 


WASHINGTON,  D.C.     20510 

June  5,  1973 

The  President 
The  White  House 
Washington,  D.C.   20500 

Dear  Mr.  President: 

There  are  approximately  3,000  Indians  —  Penobscots,  Maliseets, 
Micmacs  and  Passamaquoddics  —  residing  in  the  State  of  Maine,  who  do 
not  receive  the  services  of  the  Federal  Bureau  of  Indian  Affairs  or  of 
the  Indian  Health  Service.   The  Passamaquoddy  Tribe  has  two  reservations, 
Indian  Township  and  Pleasant  Point;  the  Penobscots  have  the  Indian  Island 
Reservation.   The  Maliseets  and  the  Micmacs  have  no  land  base.   However, 
due  to  their  mobility  and  to  the  close  ties  which  exist  among  the  various 
tribes,  there  are  members  of  all  four  tribes  or.  and  off  the  reservations 
throughout  the  State.   Most  off-reservation  Indians  reside  near  the  reser- 
vations in  Aroostook,  Penobscot  and  Washington  Counties  in  Maine. 

Maine  Indians  are  in  great  need  of  assistance  from  the  Federal  Gov- 
ernment in  order  to  develop  their  personal  and  tribal  resources  and  in  order 
to  protect  their  legal  rights.   The  denial  of  these  necessary  services  by 
•chose  agencies  specifically  charged  by  Congress  to  serve  all  Indians,  we 
believe,  is  artibrary  and  unfair.   It  is  our  understanding  that  this  denial 
of  Federal  services  by  BIA  and  IHS  can  be  reversed  by  administrative  deci- 
sion.  We  urge  you  to  help  bring  about  such  a  change  in  policy. 

The  obligation  to  provide  services  for  American  Indians  is  rooted  in 
the  United  States  Constitution,  and  more  specifically  in  the  Federal  statutes 
which  establish  special  benefit  programs  for  American  Indians.   The  meet 
important  of  these  is  the  Snyder  Act  (42  Stat.  208,  25  USC  13)  under  which 
most  3IA  funds  are  allocated.   The  Snyder  Act  gives  the  BIA  authority  to  pro- 
vide a  wide  range  of  services  to  "Indians  throughout  the  United  States...". 
The  Bureau  of  Indian  Affairs,  on  the  other  hand,  has  interpreted  "throughout 
■die  United  States"  to  mean  on  or  near  Federally  recognized  Indian  reservation; 
and  has  limited  the  availability  of  its  services  accordingly. 

In  adopting  this  policy  the  Bureau  has  denied  services  to  two  cate- 
■  ories  of  Indians  in  Maine:   on-reservation  and  off-reservation.   The  on- 

-    107    - 

The  President 

June  5,  1973 

reservation  Indians  are  denied  services  because  they  live  on  a  "state"  rather 
than  a  "Federal"  reservation;  the  off -reservation  Indians  because  they  do  not 
live  on  or  near  a  "Federal"  reservation.   All  Maine  Indians,  therefore,  are 
denied  services  because  they  do  not  belong  to  a  "federally  recognized"  tribe. 
However,  the  use  of  the  concept  "federal  recognition"  as  an  administrative  ve- 
hicle for  denying  services  to  Indians  has  no  basis  in  law.  Only  Congress  can 
terminate  Indian  tribes  and  it  has  never  taken  such  action  with  regard  to  Maine's 
Indians . 

The  question  of  whether  a  person  or  community  is  or  is  not  Indian,  then,  is 
largely  anthropological  and  cannot  be  denied  by  administrative  decision.   General 
Washington  and  the  Continental  Congress  certainly  recognized  the  Indians  of  Maine 
when  the  requested  and  received  their  assistance  during  the  War  for  Independence. 
The  Indian  Office  of  the  Department  of  War  —  the  I>IA  's  predecessor  —  recognised 
the  Indians  of  Maine  when  they  surveyed  the  Indians  of;  the  United  States  in  1621 
and  when  they  financed  special  public  schools  for  Indians  in  Maine  during  the 
1820" s.   Indeed,  the  BIA  recognized  Maine's  Indians  when  they  accepted,  and  grad- 
uated, a  number  of  Maine's  Indians  at  its  Carlisle  Indian  College  in  the  early 
years  of  this  century. 

On  July  8,  1970,  in  your  message  to  Congress  on ^Indian  Affairs,  you  spoke  out 
strongly  against  the  policy  of  termination,  calling  such  a  policy  "morally  and 
legally  unacceptable".   You  further  called  upon  Congress  to  "expressly  renounce, 
repudiate  and  repeal  the  termination  policy"  and  urged  the  passage  of  a  resolu- 
tion that  "would  reaffirm  for  the  Legislative  branch  —  as  (you) hereby  affirm 
for  the  Executive  branch  —  that  the  historic  relationship  between  the  Federal 
government  and  the  Indian  communities  cannot  be  abridged  without  the  consent  of 
the  Indians " . 

Mr.  President,  we  support  your  position  that  there  should  be  no  termination 
without  the  consent  of  the  Indians.   Moreover,  we  believe  that  in  an  instance  in 
which-  the  termination  of  Federal  services  is  the  consequence  of  decisions  by  an 
administrative  agency,  the  restoration  of  services  can  be  accomplished  without 
Congressional  action.   We  therefore  respectfully  urge  that  you  act  to  bring  about 
a  resumption  of  Federal  services  by  appropriate  agencies  of  the  Executive  branch 
to  the  Indians  of  Maine.   In  this  period  of  transition  and  expansion  of  programs 

tlatir.g  to  Indian  services,  such  action  has 

particular  urgency. 

Edmund  S"?  Muskie 
iited  States  Senator 

Peter  K.  Ky.v<^ 
United  StatMs  Congre; 

Respectfully , 

'William  D.  Hathaway      J 
United  States  Senator  %/ 

William  S.  Cohen 

United  States  Congressman 

-    108    - 

linked   States   Department  of   the   liKerior 

OlFKT   ()1     rtlt:   SVJ.  RlilAR' 
WASHINGTON,   DC.     20240 


Dear  Senator  MusJcie : 

Thank  you  for  your  letter  of  April  27,  1973,  pointing 
out  that  tho  State  of  Maine  recognizes  the  idicmucs  and 
Haliseet  as  Indian  tribes. 

The  views  expressed  in  tho  Deputy  Solicitor's  letter 
of  April.  2,    1973,  concerning  tiie  ineligibility  of  ths 
Passainaqacddy  and  Penobscot  Indians  for  services  frori\ 
the  Bureau  of  Indian  Affairs  also  apply  to  the  teicmacs 
and  Maliseet,  since  no  relationship  by  way  of  treaty, 
agreement  or  statute  exists  between  theia  ana  the 
United  State:;.   As  indicated  in  the  Deputy  Solicitor's 
o*let.£br,  tne  Passu»iaquoddy  Tribe  is  now  contesting  this 

°(VJ  s £I?o£3tion  with  respect  to  it  in  tne  united  States  District 

if^'g^Cour-L  for  the  District  of  Maine. 

e£?:cP   "a  Sincerely  yours, 


(SgdJ    Newton  W.    Edwards 

For  the  Assistant  to  rrt 
Secretary  of   the   Interior 

Honorable  i.dtnund  s.   MusJcia 

United   Senate 

V7a  shing  ton ,    0 .    < J .        20510 


WASHINGTON.   D.  C.   20425